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: Traffic Law
Satisfied Customers: 70001
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

Offences 1. using mobile phone whilst driving - pulled over

Resolved Question:

offences
1. using mobile phone whilst driving - pulled over and was issued a ticket plus checked insurance.
2. driving without insurance.
situation:
driving employers van, employer advised that the driver was insured he also advised the police officer that the driver had valid insurance. The driver was then given 7 days to produce proof of the insurance the employer has so far failed to provide proof of insurance.
driver only has 3rd party insurance on his own vehicle
employment - cash in hand job
please advise
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this. Do you have a specific quesiton about this?
Customer: replied 1 year ago.

how not to receive penalty points and a fine for driving without insurance.

the driver was told that the vehicle was insured by his employer, he did not knowingly break the law but now it appears that he has done so. he is a driver by profession and the points from this would potentially result in him losing his licence.

Obviously he is very concerned

Expert:  Jo C. replied 1 year ago.
Did he check that his employer covered him?
Did he see a certificate?
Customer: replied 1 year ago.

the employer told him that the vehicle was insured for any driver this was not evidenced in writting and it now appears that it was only insured for the emplyer himself to drive.

Expert:  Jo C. replied 1 year ago.
Ok.
Has he always kept his own personal vehicles insured?
Customer: replied 1 year ago.

who? the driver? yes he has but he only has 3rd party insurance on this own vehicle

Expert:  Jo C. replied 1 year ago.
Yes, but in court he will be able to prove that he has always kept other vehicles insured?
Customer: replied 1 year ago.

yes, the driver has always kept his own car insured

Expert:  Jo C. replied 1 year ago.
Ok.
I suppose there are no defences to use of a mobile phone?
Customer: replied 1 year ago.

unless there is some loophole that im not aware of my expectation is that he has no defense for using his mobile phone whilst driving - even if he was answering his employers call

Expert:  Jo C. replied 1 year ago.
OK.
He is going to have to accept that then. If it were that alone he would probably get a fixed penalty or a course but realistically when coupled with the no insurance probably not.
In relation to no insurance, that is an offence of strict liability and he was not insured. There is no way around it.
He can ask the court not to endorse his licence with points on the basis that there are special reasons not to do so. Actually this could go either way. I have seen courts in exactly his position let defendants off before. He will need to gather evidence that he has no reason to know he was not insured - if his employer could attend court to confirm that then that would be helpful. It would also be useful if he is able to show that he has for years kept his own personal vehicle insured.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70001
Experience: Over 5 years in practice.
Jo C. and 2 other Traffic Law Specialists are ready to help you

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:

    3104
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3104
    Over 5 years in practice.
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    6
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    130
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor/Partner

    Satisfied Customers:

    81
    Partner in national law firm
  • http://ww2.justanswer.co.uk/uploads/AM/amesaw/2016-10-14_195646_fgrimsleeperc.64x64.jpg Jamie-Law's Avatar

    Jamie-Law

    Solicitor

    Satisfied Customers:

    51
    Solicitor
  • /img/opt/shirt.png LondonlawyerJ's Avatar

    LondonlawyerJ

    Advocate

    Satisfied Customers:

    12
    I am a solicitor with particular expertise in road traffic law.