Unable to identify driver

dacouch

HO87 wrote: »

I beg to differ. The offence is one of strict liability and as such there is no requirement for mens rea in respect of it or, indeed, of the offences of cause or permit no insurance. You do not need to know the person is uninsured.

There is a defence, although unlikely to apply in this case due to the OP's intoxication.

http://caselawyer.blogspot.co.uk/2012/03/newbury-v-davis-1974-rtr-367.html

"A. FACTS
The owner of a vehicle agreed to lend it to someone else on condition that that person insured against third party risks. In the owner's absence, that person drove the car on a road without insurance.

B. DECISION (LORD WIDGERY CJ, MACKENNA J)
The appeal against conviction was allowed: "the defendant did not permit Mr Jarvis to use the car. The defendant gave no permission to use it unless Mr Jarvis had a policy of insurance to cover its use, and he had none. Having no policy of insurance, he took the vehicle without the defendant's permission. In other words, permission given subject to a condition which is unfulfilled is no permission at all. It may be that the difference is a small one between a case where the owner gives unconditional permission in the mistaken belief that the use is covered by insurance, or in the disappointed hope that it will be covered, and the case where the permission is given subject to a condition and that condition is not fulfilled. But to my mind there is a difference and it is one of legal substance. On this view of the case the defendant committed no offence."

LincolnshireYokel

Sir_Roger_deLodger wrote: »

Unfortunately s172 RTA is like something out of Stalins Russia as it removes the right of a suspect to remain silent.

In fact its worse. It amounts to a threat to prosecute you if you dont incriminate yourself or someone else. Furthermore, its then used as a witness statement against you, despite the fact you have not been cautioned under PACE or interviewed under caution. Its effectively a confession forced out of you under threat of imprisonment.