Quizzes & Puzzles1 min ago
Statute Of Limitations On Drink Driving Ban And Driving Without Insurance?
I have found out this week that in December 2015, by husband was banned from driving for 30 months, o did not know about this at the time until recently, the ban, by my calculations was lifted at the end of may 2018, he had the audacity to knowingly drive me to hospital in my car, whilst I was in labour with our firstborn in april 2018 and then collect us again in my car three days later all the while, knowing he was banned
Is this still prosecutable?
Is there anything I can do?
Is this still prosecutable?
Is there anything I can do?
Answers
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1. In order to be found guilty of drink-driving the police have to show that the driver was over the limit at time of driving. This clearly does not apply here, so your question is a little odd.
2. You can report to the police that he drove while disqualified from driving. They may take action though, given the timeline, think it most unlikely.
A quick phone call to the police should give you the appropriate advice.
3. One wonders why you want to pursue this. A better course of action might be to get on with your life though, if there are contingent issues like child custody, I can see why you might want to take matters further.
4. If you mean 'is there a statute of limitations on breaching a ban order' then there is, but it depends on the punishment given at time of ban.
Hope that is moderately helpful.
2. You can report to the police that he drove while disqualified from driving. They may take action though, given the timeline, think it most unlikely.
A quick phone call to the police should give you the appropriate advice.
3. One wonders why you want to pursue this. A better course of action might be to get on with your life though, if there are contingent issues like child custody, I can see why you might want to take matters further.
4. If you mean 'is there a statute of limitations on breaching a ban order' then there is, but it depends on the punishment given at time of ban.
Hope that is moderately helpful.
Unlike many other countries, there is no 'statute of limitations' in respect of criminal offences in English law. The only exception is for offences which are 'summary only'. (i.e. they can only be dealt with a magistrates' court, not in the Crown Court). In such cases the 'laying of information' has to take place within 6 months of the alleged offence. However that's not relevant here, as the offence you refer to isn't 'summary only'.
So, in theory at least, your husband could still be prosecuted for driving while banned up until the day he dies. However it's almost certainly not going to happen because the Crown Prosecution Service would decide that the 'burden of proof' test can't be met. If the only evidence that your husband drove while still banned is your word alone, then that would be unlikely to stand up in court if your husband denied the accusation.
So, in theory at least, your husband could still be prosecuted for driving while banned up until the day he dies. However it's almost certainly not going to happen because the Crown Prosecution Service would decide that the 'burden of proof' test can't be met. If the only evidence that your husband drove while still banned is your word alone, then that would be unlikely to stand up in court if your husband denied the accusation.
There seems to be some confusion here.
The OP is not alleging an offence of driving with excess alcohol took place. She is alleging one of driving whilst disqualified. Driving whilst disqualified (and driving with excess alcohol) are summary offences. This means that a prosecution must begin within six months of the alleged offence. The Road Traffic Offenders’ Act provides for a few exceptions to the six month rule. In those cases proceedings must begin within six months of the prosecutor being made aware of sufficient evidence to bring a prosecution, but in any case within three years of the alleged offence. Neither excess alcohol nor driving whilst disqualified are listed among those exceptions.
//Thought the defendant in a case deemed suitable only for magistrates' court could elect to be tried if the crown court if he/she pleaded not quilty.//
No. Summary only cases can only be dealt with in the Magistrates Court (hence the term). In the event of a Not Guilty plea a trial is held in that court. “Either Way” offences provide the right to a trial by judge and jury in the Crown Court (but not to a trial in the Magistrates’ Court if that court declines jurisdiction).
The OP is not alleging an offence of driving with excess alcohol took place. She is alleging one of driving whilst disqualified. Driving whilst disqualified (and driving with excess alcohol) are summary offences. This means that a prosecution must begin within six months of the alleged offence. The Road Traffic Offenders’ Act provides for a few exceptions to the six month rule. In those cases proceedings must begin within six months of the prosecutor being made aware of sufficient evidence to bring a prosecution, but in any case within three years of the alleged offence. Neither excess alcohol nor driving whilst disqualified are listed among those exceptions.
//Thought the defendant in a case deemed suitable only for magistrates' court could elect to be tried if the crown court if he/she pleaded not quilty.//
No. Summary only cases can only be dealt with in the Magistrates Court (hence the term). In the event of a Not Guilty plea a trial is held in that court. “Either Way” offences provide the right to a trial by judge and jury in the Crown Court (but not to a trial in the Magistrates’ Court if that court declines jurisdiction).
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