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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 3043
Experience:  Over 5 years in practice.
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hi i have recived a letter charging me with not driving with

Customer Question

hi i have recived a letter charging me with not driving with liscense as it was revoked without me knowing. how ever i was not driving when police officer approached me in my work of place and asked if it was my car replied yes as it was my partners car. he did not read me my rights he did not give me a ticket and was told by a third office at the scene he will let me off with it this time which as not happened where do i stand thanks
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.

i what advice could u give me in my defence for court and is the police office allowed to proceed with this without reading my rights or giving me a ticket and the other officer the traffic office telling me he will let me off this time and to sort my liscense out which i did asap and i was not driving the car when he approached me as i was in my work off place and the officer came in and asked if it was my car as he must not off had a clear view of the driver at the time


 

Expert:  Jo C. replied 2 years ago.
Do you deny that your licence was revoked?
Customer: replied 2 years ago.

it was revoked but not to my knowledge at time but i was under the impression when a police office does not read u your rights and does not issue a ticket and tells u he will let u off this time giving circumstances that would be the end of it correct me if i am thinking wrong thanks

Expert:  Jo C. replied 2 years ago.
Reading of rights is a non issue here.

What defence are you hoping to raise?

I presume they have charged you with driving otherwise than in accordance with a licence?

Do you deny driving?
Customer: replied 2 years ago.

i am going deny it but do not know what the office as said so far and what evidense he has against me as he came in my work place asking if it was my vechechel if he had a clear view of me he would have had no reason to question me on it and the reading of rights surely cancels any conversation i had at the time with them as they let u know anything said now will be used if needed later on in court. just annoyed at the time they said they wer letting me off and no ticket or nothing issued to me till i recived letter today whe offence was 25th of jan 2014 and my liscense is on the line as i already have 6 points and driving is my job as i am a delivery driver and just got morgage on house first time as well so probs have to hope they cant prove i was driving thenonly hope by sounds of it


 

Expert:  Jo C. replied 2 years ago.

He doesn't need to read your rights under PACE as you were not ever going to be arrested. If you have said something contrary to your interests to the officer at scene then it will very definitely be used against you.

Were you driving?

How did the car get there if you did not drive it?
Customer: replied 2 years ago.

a friend who had insurance to drive it with my partners permission parked the car there

Expert:  Jo C. replied 2 years ago.

Have you disclosed his details?

will he give evidence and have an explanation as to why he parked it there?

Also, will she give evidence?

And I imagine you would have explained that to the officer who stopped you and given the driver's details?

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