How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69370
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have been summoned to a magistrates court on 25th of

Customer Question

hi
i have been summoned to a magistrates court on 25th of August for trial . The charge is that
a ) my vehicle was caught on Camera exceeding 30mph
b ) i permitted the use of my car without relevant insurance
i was actually out with a friend that evening and left my vehicle at home .
My girlfriends brother had a guest from over seas staying for a couple of days and my he let her use my car as he thought i had an insurance policy that covered any driver , which i didn't .
Subsequently the visitor took my vehicle , got caught by a camera over 30mph .
When i returned home i was none the wiser my vehicle had been used .
only the day after was i told that the visitor had borrowed my car .
i explained this several times to the police and passed them the drivers details .
They are now charging me with speeding and also allowing someone to drive without insurance .
I cannot afford legal representation and cannot afford to lose my license as i am in sales and travel .
if i lose this job i wont be able to support my children or home .
Ifind it very frustrating that the courts have not listened to the facts and am extremley worried
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

What would you like to know about this please?

Customer: replied 4 months ago.
Hi
I would like to know if they have any ground to charge me on either offence.
I have a witness who will attend with me who was there on the evening in question.I was completely unaware that my vehicle had been used .
Expert:  Jo C. replied 4 months ago.

Did you report the use to the police?

Customer: replied 4 months ago.
No I did not as I discovered this the day after. To be honest I didn't think to report it. I was asked by the police if I had reported the car stolen but as I said I was completely unaware that it had been used.
Expert:  Jo C. replied 4 months ago.

How did this person get your keys?

Customer: replied 4 months ago.
I left the keys by the front door.
Expert:  Jo C. replied 4 months ago.

You can raise this defence.

To be wholly honest, there is a significant risk it will be disbelieved. Unfortunately quite a lot of people do claim that a visiting friend who has now left the country was driving their car.

Expert:  Jo C. replied 4 months ago.

There are some websites that encourage people to do that which is actually perverting the course of justice but there you have it.

Expert:  Jo C. replied 4 months ago.

If it wasn't you and you didn't know then you can raise this defence.

Whether or not they would find it credible is another matter.

It might be difficult to get them to accept that this person took your keys without anybody knowing at all.

Expert:  Jo C. replied 4 months ago.

You might also need to explain why you didn't have your keys with you. I realise that you may not have been driving but most people keep their keys on them most of the time.

Expert:  Jo C. replied 4 months ago.

It is not really a question for you but they will probably wonder why your girlfriend didn't take action when she realised that your keys had been taken.

Expert:  Jo C. replied 4 months ago.

Obviously you do face the risk of costs if it goes against you.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
Do you think
A) I should have a solicitor present in court
B) I should bring my girlfriends brother with me as a witness as he was there on the night. Or is it possible to provide a sworn affidavit from him if he can't attend.My driving license is essential for my living if I lose that I lose everything.
To take 3 points in my licence with the original charge of excess if 30mph I could have done ,if it was me driving so what I mean to say is that I wasn't trying to pull the wool over anyone's eyes.
Expert:  Jo C. replied 4 months ago.

A] Yes, it is generally better but it will rack up costs so you have to balance that.

B] Yes, he needs to come. If he does not then they won't be able to consider his evidence. We don't do sworn affidavits in criminal courts. Witnesses come to give evidence and face cross examination unless, of course, they are making allegations of domestic abuse in which case they waste public money by not attending.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions