Caught driving without insurance

scbk

claire23 wrote: »

Can i simply say i do not want to press charges over the theft issue as u suggest?

Well I'm sure you can do this for cases of assult etc so I guess you could here.



Oh and btw I once got called to court as a witness to shoplifting/theft/fraud when I was at my old job. I didn't find out I was a witness until a week before the trial when I got a letter from the proccurator fiscal saying he'd plead guilty so I wasn't needed:rotfl:

Wig

claire23 wrote: »

hi scbk,

The problem is they want me to change my statement to say that i thot he had a licence and did not know he was disqualified. I'm not sure i can even do this. Can i simply say i do not want to press charges over the theft issue as u suggest?

Claire

What benefit would changing your statement in that way make? I can see no benefit (because he still did not have permission to drive your car), but I do see that changing your statement like that can have only one reason, they want you to also say you gave him permission to drive. If you do that you leave yourself open to a conviction and fine and penalty points for allowing an uninsured driver to drive your car.

BTW I am talking about England & Wales laws, I have no idea about Scots laws, and I think most people who have given advice in this thread also do not know Scots laws on this.

Wig

scbk wrote: »

Oh and btw I once got called to court as a witness to shoplifting/theft/fraud when I was at my old job. I didn't find out I was a witness until a week before the trial when I got a letter from the proccurator fiscal saying he'd plead guilty so I wasn't needed:rotfl:

I had the same, 2 weeks before a case, I was sent a court witness daily expenses form to bring with me to the trial. Had it not been for that letter I would not have known.

I believe I was kept in the dark by the cop in charge of the case, as he did not want me to turn up in court - long story.

Conor_3

Wig wrote: »

Uninsured drivers IMO are likely to be more careful than insured drivers.

You obviously never met the wifes' cousin. The good news is she wrote off a £6000 Zafira which she decided not to insure and it was on finance so AFAIK, she's still paying for it.

bestpud

Claire23, you will obviously do as you see fit, but imo you should not be bullied into reducing his offence and in the process getting one yourself!

This guy needs to take responsibility for his own actions (he's clearly no angel so allowing him to escape full responsibility for his bad decisions is not going to help, is it?)

This is easy to say I know, but are your friends mutual? Mutual friends would be looking out for both of you wouldn't they?

Quite simply, you did not give him permission to drive the car (because you were aware he had no license or insurance) and therefore, you should not say that you did. I don't know, but wouldn't that be perjury (sp?) or peverting the course of justice?

claire23

bestpud wrote: »

Claire23, you will obviously do as you see fit, but imo you should not be bullied into reducing his offence and in the process getting one yourself!

This guy needs to take responsibility for his own actions (he's clearly no angel so allowing him to escape full responsibility for his bad decisions is not going to help, is it?)

This is easy to say I know, but are your friends mutual? Mutual friends would be looking out for both of you wouldn't they?

Quite simply, you did not give him permission to drive the car (because you were aware he had no license or insurance) and therefore, you should not say that you did. I don't know, but wouldn't that be perjury (sp?) or peverting the course of justice?

I really dont know what to do. Its his family (who i thot were my friends) who are asking me to do this. Ive been told (by them) the worst i should get is a slap on the wrist but i dont think thats the case. Feel like im stuck between a rock and a hard place right now.

Claire

bestpud

claire23 wrote: »

I really dont know what to do. Its his family (who i thot were my friends) who are asking me to do this. Ive been told (by them) the worst i should get is a slap on the wrist but i dont think thats the case. Feel like im stuck between a rock and a hard place right now.

Claire

Well, I can't see how it will benefit him to be fair. He has previous and yet, knowing that, he has CHOSEN to take your car out with no license or insurance. He clearly had not learnt his lesson up unto the point he committed this offence, so how is you taking the rap for something HE did going to teach him now?

It would be giving him the go ahead to go back out and carry on his life of crime imo.

Make him stand up and take responsibility for HIMSELF. It's more than likely the family actions (lets bail little Johnny out, regardless of who else suffers, cos he's a good lad really) that have led him to believe he is beyond the law anyway. One day he will get himself in a situation his family cannot bully others into getting him out of!!! Better he learns now, while the offence isn't too bad.

claire23

I know i shouldnt change my statement, i dont want to change it. What i want to know is would it change what happens to my friend in anyway at all. I just need to have this info so i can go back to my friends with it and say "look i cant do anything that will change what happens!"

Claire

Sola

Surely the issue is going back to these 'friends' and saying 'I'm going to tell the truth.' Either way I suspect the 'friendship' will never be the same again, so don't lie to try and save a friendship which seems more like bullying.

Conor_3

claire23 wrote: »

I really dont know what to do. Its his family (who i thot were my friends) who are asking me to do this. Ive been told (by them) the worst i should get is a slap on the wrist but i dont think thats the case. Feel like im stuck between a rock and a hard place right now.

Claire

I know what to do...let him get the punishment he deserves for knowingly driving whilst banned.

Changing your statement may get him off the TWOC charge but he'll still be in court for disqual driving and no insurance.

As for getting a slap on the wrist, you may just get that or you may get 6 points which will up your insurance, and a three figure fine.