can the police prove i was driving??? please help

[mikebig]

my girlfriend and i came back from the local pub in my van that has tax and MOT. she has got a license and insurance on her mums name fully comp, (i dont have a licecse) we got pulled over just as i pulled in to my drive, the van was parked close to the wall on the passenger side, so we both climbed out of the drivers door, i went first she followed, i got brethalised and faild, i got charged with drink driving, now my girlfriend wants to say she was driving because she has a licanse and fully comp incuranse on her mums incuranse, the key went missing they cant prove who was driving, is this true, will she get away with it in court if she said she was driving?????? HAVE THE POLICE GOT A CONVICTION CHARGE ON ANY OF US???? your help will be much appreciated!!

[Buenchico]

Even if a police officer didn't actually see you sitting in the driver's seat, it's quite likely that he'd be prepared to state that he did. If a court had to decide between the 'iffy' story put forward by you and your girlfriend and the sworn testimony of a police officer, who are they going to believe?

I'm sure that others will post here to lecture you about your behaviour. My response is based solely upon an analysis of the risks. If you plead guilty to drink-driving with no licence or insurance you might be sent to prison for, say, 3 months. (That would largely depend upon any previous convictions). On the other hand, if you try to cheat the system and get found out, both you and your girlfriend almost certainly will be sent to prison for about 2 years. (Conspiracy to pervert the course of justice is a very serious offence which nearly always results in a lengthy prison sentence).

If you really love your girlfriend, you shouldn't allow her to take the risk of going to prison for a long time because you haven't got the guts to plead guilty.

Chris

PS: I'm not actually convinced that your girlfriend was insured to drive your van anyway. Most, but not all, comprehensive policies allow the policy holder (i.e. your girlfriend's mother) to drive other vehicles (with only 3rd party cover) but this provision does not usually allow other 'named drivers' (such as your girlfriend) to drive other vehicles.

[dannydingbat]

Distinct possibility that someone at the pub informed on you and the Police have been observing you and what you did well before you pulled onto the drive. Their evidence will be rather more complete that you hope

[Barmaid]

How believable is it going to be that she was driving but you got out first?! Don't even think about lying - Buenchico is entirely right. However, it depends on the reading you gave as to what the penalty will be. A high reading could result in a prison sentence, a low reading is likely to result in a ban. Mid range and you are looking at community punishment. In any event, you are going to be banned from driving. It is exacerbated by the fact that you had no licence and no insurance though. An early guilty plea and lack of previous convictions would be in your favour. By the way, do you not have a licence because you ARE disqualified or were disqualified and have not got it back yet or just never taken a test?

[Vixi]

Buenchico is right. There is no private motor insurance policy in the UK that allows any vehicle driving for any driver. Driving other vehicles cover is only provided to the named policy holder and not on all policies. It is also only intended to be used in emergency situations and will only provide minimum third party property damage and third party injury cover as demanded by local law. It is a common misconception that fully comp insurance provides fully comp insurance on all vehicles driven by all divers - this is not the case!

It sounds as if the police have a strong case against you and your best option would be to co-operate and plead guilty. Your girlfriend will only get both of you into a lot more trouble than you are already in if she lies to the police, as the police would question:
1) why she did not say she was driving straight away (and could be breathalised)
2) why you climbed over her to get out first - particularly if the police were waiting - this would take time and in this time the police would have walked over to the vehicle.
Please don't let you girlfriend suffer for your mistakes

[Yorkie580]

Why would you put your girlfriend in the position of a possible conviction just because she lied for you? Either way she'll have a criminal conviction.

The keys couldn't be found? It doesn't prove anything. If your girlfriend was driving then the court may question why you didn't raise this at any stage - especially since you were cautionned at least twice - onec on arrest and once on charge. If you were interviewed it would have been three times. On each occasion you would have been warned about the consequences of not mentionning anything that you may rely on in court.

[Mrs_Pegasus]

I am lost here a little.

Mikebig says he has a car that is taxed and MOT'd and belongs to him but he doesnt have a licence. So how did he get tax when the vehicle doesnt appear to be insured?

[jennyp]

You climbed over your girlfrien to get out first???????????? Someone probalbly saw how much you had drunk and decided to report you. Sorry I have no sympathy whatsoever with people who drink and drive.

[joko]

they will have seen who was in the driving seat before you got out anyway!
they also may well have a camera in the front of their vehicle.

they have heard every trick in the book and this one sounds somewhat daft anyway

why would you drive without a licence while drink when your girlfriend who has a licence and wasn't drunk, is with you? makes no sense.

if she was driving - why would you climb over her to get out of the car, when you know the police are watching and she is the one who is most 'within' the law?

the key is irrelevant - someone was driving!

the whole thing sounds like a desperate attempt to come up with a story.