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i asked a question about a week ago!!

about a week ago i asked a question should she be able to drive? a woman over the road crashed into my brothers car, when she got out to talk to my partner he could smell alchol on her breath, i phoned my brother as he wasn't here at the time, to tell him what had happened. when he got here he knocked on her door to get her insurance details and she didn't answer the door and she had switched all the lights off in the house so we phoned the police and they came but she still didn't answer it was only when the police man kicked her door that she sent her son to answer it, about 15 mins later they put her in the police van and came and told us she was 3 times over the limit. she went to court for driving while over the limit ,driving without accordance to a licence, driving with no test certificate and driving with no third party insurance, she pleaded not guilty to all these even though she had left the keys in the ignition so they knew she had been driving all i won't to know is if she gets off on one say drink driving will it void the others because your insurance is void if you have no m.o.t ect...

jenpops Mon 15/09/08 10:45

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Ethel
Mon 15/09/08
11:28

She can be found not guilty of one or more offences and guilty of others.

Toureman
Mon 15/09/08
12:05

Insurance is Is not void if you have no mot.

jenpops
Mon 15/09/08
13:46

Question Author

thanks for your answers it just bothers me that she might get away with the crime as i cant understand why she pleaded not guilty, they knew she had been driving because the keys were in the ignition thanks again

New Judge
Mon 15/09/08
15:15

As you might imagine, proving that someone was driving a particular car at a particular time and that they were drunk whilst doing so requires a bit more than seeing that the keys were left in the ignition. It might go like this:

If they were left, who left them there?

Did that person drive the vehicle or did they just switch on the ignition to check the fuel level?

If they did drive, and you can prove who it was, were they drunk at the time or did they have an enormous shot of Brandy when they got in to recover from the shock of an accident? (“Smelling alcohol on her breath” – even if it was accepted - is not sufficient to prove that she was over the limit)

Were the breathalyser procedures at the roadside and the evidential specimen procedures at the police station properly followed?

And so on.

There are 101 reasons why this person may have pleaded not guilty. It is no use worrying about it until the trial and even then, as far as I can see, you can have no evidence to provide that proves her guilt in any of these matters.

Finally, none of the matters you mention are linked. That is, a conviction of one offence does not lead to an automatic conviction of any of the others. They will each separately have to be either accepted or proved.

jenpops
Tue 16/09/08
14:20

Question Author

thank you new judge your answers have helped alot i'll just have to cling to hope for my brothers sake we saw her driving the car thats what annoys me but as always the justice system will fail us that are not criminals

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