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i was sitting in my car to try and find my pal who was driving

 
John Knox's Avatar
  • Answered by:John Knox
  • Solicitor
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  • Accepted Answers: 223
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Customer Question

i was sitting in my car to try and find my pal who was driving as he had not neen drinking. he said he was only poping into someones house too see them about something but did not return and i did not know what house he gone into . i knocked on th nearest house thinking matybe he would be in there but the person was not so happy as it was early hours. this is when i returned to my car and i suppose instinctivly got into the driving seat with intention of waiting 5 more minutes then locking the car up and phoning a cab home at which piont police turned up probably rang by the person of the house i knocked on. i had no intention o f driving but was obviosly aressted and taken to the local station. i have previois driving offences qamd only know this friend by his nick name and have still not been able to get intouch , my job could well be on the line and feel i am in areal bad predicament even though all this is the truth . where do i stand am i up the creek without a paddle . thank you ian cxotts

 

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Province/Country relating to question : scotland

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just got intouch with asolictor who are going to get back to me

Submitted: 308 days and 5 hours ago.
Category: Scots Law
Value: £57
Status: CLOSED
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Expert:  John Knox replied 308 days and 4 hours ago.

Hello Ian,

I will do my best to help you with this.

Have you been charged?

Can your friend corroborate your explanation as a witness?

Customer replied 308 days and 4 hours ago.

yes i have been given a cout fdate and there is a chance my friend will verify what happened but hes a bit concerned that he might not have been insured to drive my car as he o r myself never thought at the time that he is just name da s a secondry driver on his mums car if this is the case what trouble would he be in for that not as nuch as me getting banned im thinking if i coud givre him this informaton maybe he would help me out i imean he was driving

Accepted Answer

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Expert:  John Knox replied 308 days and 4 hours ago.

Ian

If your friend was only a named driver on his mum's policy, he would not have been insured to drive your car, I am afraid.

That may make him reluctant to testify that he was driving but you are right to say that the situation would be much worse for you than it would for him. If he testifies that he was driving, you have a good chance of avoiding a conviction for drink driving and a ban.

The consequences for your friend would depend on what action the police decide to take. They could prosecute him for driving without insurance but it is not that likely and if they did, he would likely be fined and possibly receive points on his licence but probably not be banned.

It does sound like you need your friend to help you out here. If he does not, I do not like your chances of avoiding this conviction, the ban, and possibly losing your job.

Please rate me OK SERVICE or above and I will gladly answer your follow up questions.

John

Expert TypeSolicitor
Category: Scots Law
Pos. Feedback: 94.3 %
Accepts: 223
Answered: 6/29/2012

Experience: Solicitor and Advocate

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