Police / Lawyer Legal advice urgently needed please 🙏🏽

[Newfor2021]

Hello,
I’d greatly appreciate any advice from someone with a professional background who might be able to offer any advice in these circumstances please?

My son was caught driving his car as a learner driver without a responsible driver / supervisor.

As he’s 17 they de-arrested him at the scene, brought him home, told me (I’d been asleep) and have now fixed an interview date for Wednesday.

My question is there are some mitigating circumstances which will support his reasons as to why he was driving.
Should he just verbalise them in the interview or should he prepare a written statement beforehand? He could also ask some of the people involved to write supporting testimonies - again should he just say these people are prepared to do this or should we gather these before Wednesday?

Thank you in advance for any professional guidance.

A few questions I suspect I will get asked:

He’s planning to plead guilty and at the time apologised profusely and immediately stated why he was going and where he was driving to.

I was going to use the duty solicitor - however I have been advised to ignore their advice to go ‘No comment’ as this will only annoy the police and stop them having the ability to go more lenient on him.

I am in no way supporting or condoning his behaviour!
I am of course dealing with the consequences of his actions - however my child is in his first ever legal trouble and as his mum I will do everything in my power to help and support him from obtaining a criminal record at 17 - as believe it or not he wants to join the police force and this would of course stop him!

[PegasusReturns]

I will do everything in my power to help and support him from obtaining a criminal record at 17

If he pleads guilty he will have a criminal offence.

It is the courts not the police that will sentence him, so you don’t need to worry about the police being “lenient”.

I would recommend you speak to a solicitor.

[PegasusReturns]

What are the “mitigating circumstances” that others can speak to?

[NaturalStudy]

Who has advised you to ignore your solicitors advice? Why has the solicitor advised a no comment interview?

[Bunnybigears]

What are the mitigating circumstances because they would have to be pretty amazing to get him off. I dont think there can be any value in not admitting guilt as he was caught bang to rights.

[DinosaurDiana]

Are you going to speak to a solicitor before Wednesday ?

[Froggie456]

Do not let your son speak to the police without a solicitor present. Too many young people accept cautions, because they are told they can go and not realising it will still have massive implications for their career etc. You don't have to rely on the duty solicitor. He's under 18 so is entitled to legal aid. Call round some criminal solicitors on Monday and let them take the lead.

The police aren't just going to let your son go if he doesn't turn up with a solicitor on Wednesday. If they wanted to just tell him off/turn a blind eye they wouldn't have called him for interview.

[Thebestposter]

I’m a sentencer. Get a solicitor.

[springtimesunshine]

I would imagine the only mitigating circumstances that will make any difference is if he was driving in a true life or death scenario.

Anything other than that then there's no excuse really and he'll likely have to take whatever punishment is coming his way, sorry! What a plonker.

[ProfessorSlocombe]

My question is there are some mitigating circumstances which will support his reasons as to why he was driving.

I will be honest and direct.

No there aren't. Don't even go there.

In the absence of any aggravating circumstances (not drunk/under the influence, did not steal the car, was as insured as possible, and did not cause any injury or accident) then it's unlikely to be the top tariff. But it will be a criminal record and points on the license (both of which will affect future insurance applications).

[Markies]

Would love to know how your 17 year old can justify driving on a provisional license with no responsible driver alongside him. No driving license, no insurance how can you talk your way out of that? Please do tell.

[MooseBeTimeForSummer]

So he wants to be a Police Officer. He knows he needs a clean record. What the hell was he thinking??

[SnarkyBag]

I know of one person who did this he lost his provisional license for two years and received a fine.

[ememem84]

Get a solicitor. As a poster said above unless it’s literally a case of life or death I doubt they will go easy.

[PegasusReturns]

I dont think there can be any value in not admitting guilt as he was caught bang to rights

I have prosecuted and defended literally 100s of Road traffic (and other) offences. There are myriad circumstances in which, despite being caught “bang to rights”, a conviction doesn’t follow.

Speak to a solicitor.

[Thebestposter]

He will get notional points on his licence and a fine

[PotteringAlong]

There are no mitigating circumstances to drive a car without a licence. You can’t drive and need a car journey? There are taxi’s that literally exist for that purpose.

He needs a solicitor.
And a new career path.

[ProfessorSlocombe]

@Markies

Would love to know how your 17 year old can justify driving on a provisional license with no responsible driver alongside him. No driving license, no insurance how can you talk your way out of that? Please do tell.

The only defence with a cat in hells chance of succeeding would be necessity. And nothing the OP has said even hints at that.

If a learner is with someone who - unbeknown to them - is not qualified to supervise them for some reason (and thus they are also committing the offence of driving without the required supervision) they would have a defence.

[Sanchez79]

The best thing you can do to help him is a) get him a lawyer b) make sure he learns from this experience and faces up to the consequences of his actions

[dworky]

I cannot imagine any valid mitigating circumstances for driving a vehicle when not qualified. I think you must accept that he will be held accountable for his actions.

[Newfor2021]

@Froggie456

Do not let your son speak to the police without a solicitor present. Too many young people accept cautions, because they are told they can go and not realising it will still have massive implications for their career etc. You don't have to rely on the duty solicitor. He's under 18 so is entitled to legal aid. Call round some criminal solicitors on Monday and let them take the lead.

The police aren't just going to let your son go if he doesn't turn up with a solicitor on Wednesday. If they wanted to just tell him off/turn a blind eye they wouldn't have called him for interview.

Thank you - I was t aware he was entitled to legal aid and that we don’t have to go with the duty solicitor!
I’ll call round first thing tomorrow.

[Newfor2021]

@Thebestposter

I’m a sentencer. Get a solicitor.

Thank you

[Newfor2021]

@SnarkyBag

I know of one person who did this he lost his provisional license for two years and received a fine.

Thank you for sharing

[Newfor2021]

@PegasusReturns

I dont think there can be any value in not admitting guilt as he was caught bang to rights

I have prosecuted and defended literally 100s of Road traffic (and other) offences. There are myriad circumstances in which, despite being caught “bang to rights”, a conviction doesn’t follow.

Speak to a solicitor.

Thank you - this is also what I’ve been told.

[WaggishDancer]

Do get a solicitor and prepare your son for the fact there really aren’t any mitigating circumstances for this, so his future in the police is likely over.

[Bargebill19]

Check to see if you have legal cover/help on any of your insurance policies or road side assistance cover. They may help.