Taking and Driving Away a Motor Vehicle
- 0141 423 7389
- euanrobertsonsolicitors@gmail.com
- The Wedge, 1066 Barrhead Rd, Glasgow G53 5AB, United Kingdom
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The other normal one where a S178 Road Traffic Act is charged is where someone is carried in a stolen vehicle.
Road Traffic Act 1988 Section 178: Road Traffic Act 1988 Section 178: Taking a Vehicle without Authority
A person who is charged with taking and and driving away a vehicle without having either the consent of the owner or other lawful authority, or knowing that a vehicle has been taken in such a way, drives it or allows himself to be carried in or on it without such consent or authority, is guilty of an offence.
Unless a court is satisfied that the accused acted in the reasonable belief that he had lawful authority, or in the reasonable belief that the owner would, in the circumstances of the case, have given consent if he had been asked for it, the accused shall be liable to be convicted of the offence of “taking and driving a motor vehicle”.
A person who falls foul of S178 Road Traffic Act 1988 otherwise known as “taking and driving away a motor vehicle” has the defence open to him that he was not aware that the driver of the vehicle had not given permission for the vehicle to be used.
What is the legal definition of taking and driving away?
It refers to unlawfully taking and operating a vehicle without the owner’s consent.
What are the penalties for taking and driving away a vehicle?
Penalties include fines, imprisonment of up to 6 months, and driving disqualification.
Is taking and driving away a criminal offence?
Yes, it is considered a serious criminal offence under UK law.
Can you be charged for taking a vehicle without intent to steal?
Yes, intent to drive the vehicle unlawfully is sufficient for a charge.
How can I defend against a taking and driving away charge?
Possible defences include proving consent or lack of intent to drive the vehicle.
What evidence is needed to prove taking and driving away?
Evidence may include eyewitness accounts, CCTV footage, or forensic analysis.
Does taking a vehicle impact your driving record?
Yes, it can result in a criminal conviction and disqualification.
Can minors be charged with taking and driving away?
Yes, minors can face penalties, but they may be dealt with in childrens panel.
Is driving a company vehicle without permission considered an offence?
Yes, if permission was not granted, it could lead to prosecution.
Does taking and driving away affect insurance?
Yes, a conviction will increase insurance premiums or result in denial of coverage.
With over 30 years of experience Euan can advise and represent you to obtain the best possible outcome. Depending upon the evidence in each individual case, he will assess with you the evidence and advise you whether you should be going to trial or tendering a plea of guilty.
