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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask james bruce Your Own Question
james bruce
james bruce, Solicitor-Advocate
Category: Traffic Law
Satisfied Customers: 7536
Experience:  Owner at James Bruce Solicitors
90006247
Type Your Traffic Law Question Here...
james bruce is online now

Drink driving and driving without a licence, Portsmouth and

Customer Question

Drink driving and driving without a licence
JA: What location was this in? And have you consulted a local lawyer?
Customer: Portsmouth and no
JA: Was a citation issued? Was a court date set?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 16 days ago.
Category: Traffic Law
Customer: replied 16 days ago.
Hi. A week ago, i had a few drinks. I am currently disqualified but i still have insurance, tax and MOT on my vehicle. So i was drinking one night. I then went to drive my car and crashed it into a neighbours car. I called my insurance the next day and they have payed out for his car and everything has been sorted through insurance. However. The police attended the accident but i was not present. I was not breathalysed because i was not present and i was also not seen driving the vehicle by anyone. Can i be prosecuted without sufficient evidence that i was driving or even under the influence
Expert:  james bruce replied 16 days ago.
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Customer: replied 16 days ago.
Nice to meet you, james. I really hope i have dodged the bullet in the theory i have regarding the matter
Expert:  james bruce replied 16 days ago.

Where you disqualified at there time of the accident?

Customer: replied 16 days ago.
Expert:  james bruce replied 16 days ago.

OK, so you have several things to consider here.

First the drink driving. NO, if you were not at the scene or breathalysed either at the time or directly after then you cannot be prosecuted with drink driving or drunk in charge.

Expert:  james bruce replied 16 days ago.

Does your insurance company know that you are disqualified from driving?

Customer: replied 16 days ago.
No they do not know i was disqualified
Customer: replied 16 days ago.
But i thought they would automatically know i was disqualified because when i purchased my insurance i gave them my driving licence number so im guessing they do know
Expert:  james bruce replied 16 days ago.

Then this is where you problems will start.

You have a legal obligation to notify them. Being disqualified means you cannot be insured to drive. Therefore as you have claimed on the insuranc3 that can now be treated as insurance fraud. If or more likely when they find out, they will take action against you. They will likely cancel your policy, bill you for any payout they have made to the other person, add you to the CIFAS system which advices lenders, insurance for, banks etc that you are a high risk. They could also seek to prosecute you by reporting to the police.

Then there are police matters. Driving whilst disqualified is serious and can carry a prison sentence especially when damage is caused.

Customer: replied 16 days ago.
But can the police prove i was driving?
Customer: replied 16 days ago.
If i answer no comment to any questions they may ask
Expert:  james bruce replied 16 days ago.

Are they investigating the matter?

Customer: replied 16 days ago.
Im not sure. They havent spoken to me yet and the accident was last week
Expert:  james bruce replied 16 days ago.

As they were called to the accident, they will certainly want to speak to you. If only to find out how you car came to be there if you were not there at the scene. Leaving the scene of an accident is also an offence.

Customer: replied 16 days ago.
Wow ive really dug myself a hole. However. I made the claim with insurance. I then received an email from my insurance 2 days later saying that they need more information to process the claim. Does this mean that i may also avoid the insurance fraud as i havent sent them back the information yet and is there anything i can say to the police to make sure they wont have evidence of me driving the car
Customer: replied 16 days ago.
Because to my understanding answering no comment doesnt make me guilty so if i were to answer no comment. Could they still charge me. No one physically saw me drive and i havent admitted to anything yet
Expert:  james bruce replied 16 days ago.

You can advice the insurance you have been disqualified from driving. They will cancel the police and not pay out, but that will possibly avoid further action with them. They could inform the police however.

I cannot tell you what to say to the police so they thing you were not driving. That is perverting the cause of justice. That is a crown court case and will carry 9-12 months prison.

Customer: replied 16 days ago.
No sorry let me rephrase. Is there any evidence they have on me based on the information ive told you for them to charge me for driving whilst disqualified if i havent admitted to the offence and said no comment
Customer: replied 16 days ago.
File attached (7P5MGQZ)
Expert:  james bruce replied 16 days ago.

You have admitted that you were driving, but the police dont know that yet. They will want to know who was driving, and who failed to remain at the scene of the accident

Customer: replied 16 days ago.
Okay thank you for your help. Im really worried. I think i will say no comment through all the questions. That way im not admitting to it. Also. When i crashed my car i did drive it to a safe place before returning home
Customer: replied 16 days ago.
i did also give the third party my insurance details within 24 hours of the crash
Expert:  james bruce replied 16 days ago.

Unfortunately your insurance will be invalid because you were disqualified form driving.

Customer: replied 16 days ago.
I will call my insurance first thing in the morning and tell them i am disqualified and to stop the claim. I can then hope they dont go to police about it and cancel the policy
Expert:  james bruce replied 16 days ago.

They will certainly cancel the policy all you can hope is they dont tell the police.

Customer: replied 16 days ago.
Thank your help and time today james. I hope i have given a bad impression from my mistake. I do take this as a lesson learnt and im doing my best to put it right
Customer: replied 16 days ago.
I hope i haven't **
Expert:  james bruce replied 16 days ago.

There are plenty of offences made.

Drink driving

Driving whilst disqualified

Driving no insurance (your insurance is invalid)

Failing to stop at an accident.

The important then to do is make sure you dont try an get someone to take the blame for you. That is perverting the course of justice, and makes all the other offences trivial.

You did report the accident to the other owner.

So, at worst at the moment if you admit to the insurance you were banned, and admit to the police you were driving and simply panicked because you were banned, then the most you can be charged with is driving with no insurance (6 points or a ban ) and driving whilst disqualified. That you are looking at a community order and a fine, plus a further disqualification on top of the one you have.

Expert:  james bruce replied 16 days ago.

Can I assist or clarify anything further?

Expert:  james bruce replied 16 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.