Can husband have wife arrested for using family car without husband's permission?

Comms69

NBLondon wrote: »

No - I'm saying that they may well assume a spouse has ongoing permission. Nothing about it being a defence. You're saying they would (always?) check. May depend on the reason for the stop, the mood of the officer and the results of the attitude test.

I suspect that you're missing the point.


Yes at a regular stop they would presume the spouse had permission. (regular being speeding, detail check whatever)


If stopped for TWOC, I suspect they'll assume the consent had been withdrawn

NBLondon

Which is the point... if the "legal owner" hasn't yet reported it missing - it isn't TWOC until they have been contacted.

Comms69

NBLondon wrote: »

Which is the point... if the "legal owner" hasn't yet reported it missing - it isn't TWOC until they have been contacted.

No that is incorrect.


It's still taken without consent, the police just wouldn't know about it.


It's like if you were speeding on the road but not seen, you've committed the offence, but there is no evidence.

NBLondon

But if you recall the question way, way back....the husband has not yet explicitly withdrawn consent so the presumption that ongoing consent was given to the spouse is the default position. So not TWOC until the husband confirms it as such. Which was behind the answer to the OP's question before it got derailed by the armchair lawyers and philosophers....

Comms69

NBLondon wrote: »

But if you recall the question way, way back....the husband has not yet explicitly withdrawn consent so the presumption that ongoing consent was given to the spouse is the default position. So not TWOC until the husband confirms it as such. Which was behind the answer to the OP's question before it got derailed by the armchair lawyers and philosophers....

sorry but... When husband found out, he then announced that he would have my daughter arrested for "using the car without his permission".


That's quite explicit don't you think