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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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What are the cases to use to defend a prosecution for using

Customer Question

What are the cases to use to defend a prosecution for using a vehicle in dangerous condition Section 40A RTA 1988 where I drove a 4x4 with trailer for a company. The company and a director were charged with permitting me to drive a dangerous vehicle. The police bungled the paperwork and the other parties got off because it was after 7 months and not possible to amend.
The company admitted in statements to the police that there were devices which I was not given to retain the side on the trailer which released and caused a major accident. I did all the expected checks on the vehicles. I need to get the case dismissed against me to be able to get Insurance.

Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

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

Is there any reason you think this is a case law situation? It would seem to be a question of fact and statutes.
Customer: replied 4 years ago.

I am going to Court by myself, and need to use case law to stop the prosecution where I am morally blameless. Apparently the Crown will not oppose my claim that I did not know and could not have been aware of the defects on the trailer. I need Motor Trade Insurance to work.

Expert:  Jo C. replied 4 years ago.
There's no prospect of that I'm afraid.

What was the dangerous nature of the car?