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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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I have just been convicted under the RTA 1988 of the following

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I have just been convicted under the RTA 1988 of the following offences
Sect 170 (2) & (4)
Sect 7 (6)
The court have applied to have the vehicle seized.
We own the vehicle jointly and my husband was in LA America at the time of my offence so he could not have reasonably stopped me.
Can the police still take the vehicle at my next court appearance?

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Just to be clear, this is failing to stop and report and refusing to provide a specimen of breath?

They don't usually use that power for these offences.
Customer: replied 4 years ago.


The offence was committed in Scotland and I was convicted about 2 years ago for drink driving and got a 9 month ban and a £300 fine

Thanks for the information.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

It is rather heavy handed of them. But the power does exist for them to do that. The fact that the vehicle is jointly owned is no bar. This power existed irrespective of ownership of the vehicle. This power is often used for people who are picked up for driving without insurance and then cars are often seized even if they do not have any ownership of it at all. There have even been cases of them seizing lease vehicles although that is rare now as courts would not want to disadvantage the true owner.

That said, the fact that the vehicle is owned by another person is something that courts would consider and you can make representations on the point.

I suspect the difficulty here though is that your husband's ownership of the car does not seem to be such that he can stop you driving which will be their concern. You need to address that if you want to keep this vehicle.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Customer: replied 4 years ago.

Hi Jo


My husband is diabetic and we need the vehicle so he can go to clinics and GP appointments we live in a small village and there are few transport links from there also we need to shop for food etc., Should we try and get a solicitor to make representations to the court on my husbands behalf

A solicitor cannot act for him in this matter but could attend on your behalf and make these points.

You won't get legal aid but it is always better to appear represented.
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