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Original poster

Any advice? driving with no insurance, stealing cars Ect

97 replies

SlapACatFuckADuck · 29/12/2015 17:33

Hi

So my moronic stupid excuse for a brother stole my equally as stupid moronic mothers car (BMW turbo sport), safe to say he had had his licence for 6 months and had never driven A car since his test. He crashed it into a lamppost they record doing 50+ in a 30 the car was a write off. He has court coming up and wants to know what he is looking at getting Hmm he has said he doesn't want to loose his licence and won't be paying a fine cause you have a fucking choice his mother is saying he's not to pay for the lamppost unless they prove it was working 100% before hand and he is to barter with the punishments..

Now we all know you can't barter your way but she adamant he can and will get a slap on the wrist he needs jail time to say the least HmmAngry

Would any of you know what he's likely to get or could get?
He was;
Speeding
Driving without insurance
Stole the car
Damaged the lamppost by his moronic actions (so damage public property? not sure)
He was driving without due care and attention IMO but nothing has been said but he's not really speaking about it.

He's 21 never really been in trouble for anything serious before and has said he was guilty when he was caught by the police

Obviously he's an idiot but he's being filled without even more idiotic things and we want to bring him back down to earth with what he could be looking at instead of him going in there trying to haggle and saying his mum said not to pay for this and that

OP posts:
Original poster
SlapACatFuckADuck · 30/12/2015 18:33

update

Because he hasn't been home since it happened (living at his GF who claim benefits) he's only just got the form. They're now saying he hasn't been to station to give a signed statement just the one at the road at the time. He's only being done for driving without insurance and Driving without due care and attention.

She's now convinced him they can't take him to court because he's not done a statement at the station and signed it. She's also told him the court can and will rule he can't 'live' at her house anymore. They've lied on there form about rent and CT

So basically she's now trying to get him off Scott free Hmm

OP posts:
MaitlandGirl · 30/12/2015 20:05

I had a nasty accident (all my own fault) many years ago and never signed a statement. I was still charged and appeared in court and lost my license for 12mths and was fined.

The police have (or at least had) 6mths to charge you from the date of the incident but the police were great and waited the full 6mths to make sure I was fit enough for court (I was pretty badly hurt).

Your brother is in for one hell of a shock!!

NeuNewNouveau · 30/12/2015 20:41

Ok, for driving without due care and attention he would likely get a fine of about 1-1.25 times his weekly income plus between 5-9 points or disqualified.
For driving without insurance it is a mandatory 6 points plus fine.
Either way, he will lose his license unless they went for the minimum 5 points (unlikely given the circumstances) as he is within 2yrs of passing his test. If you get more than 6 points within 2 yra of passing your test you essentially end up back as a provisional license holder.

So fine and no license are pretty much guaranteed. Just depends which way the diqualification/points go as to how the mechanics of losing the license work.

Original poster
SlapACatFuckADuck · 30/12/2015 20:43

Sorry about your accident MaitlandGirl So basically he's going to make himself look like a moron at court... Well that's no surprise I honestly have no idea why you'd want to do half the stuff they're doing tbh If It was any of my DS I'd of dragged them to the police myself and kicked them out!

OP posts:
Original poster
SlapACatFuckADuck · 30/12/2015 20:45

NeuNewNouveau Do they take into account bills ect? They've had to put that down but he's on a 0 hour contract however normally takes home £5/600 a month they've lied on the form about how much rent, CT, bills he has to pay saying he only has £50 a month left disposable income so he's saying he can't afford to pay anything back!

OP posts:
NeuNewNouveau · 30/12/2015 20:55

They do take some bills into account but they don't check the forms that people send it unfortunately. However they take a minimum relevant weekly income of £120. So if he said it was less than that he would still be assessed as having £120pw relevant income.

NeuNewNouveau · 30/12/2015 20:56

The relevant weekly income is what the fine would be based on.

Original poster
SlapACatFuckADuck · 30/12/2015 21:02

so about £150 a week so just a £150 fine? Will he have to pay for the lamppost and court fee's on top or would he not have to?

OP posts:
Original poster
SlapACatFuckADuck · 30/12/2015 21:02

so about £150 a week so just a £150 fine? Will he have to pay for the lamppost and court fee's on top or would he not have to?

OP posts:
Original poster
SlapACatFuckADuck · 30/12/2015 21:02

so about £150 a week so just a £150 fine? Will he have to pay for the lamppost and court fee's on top or would he not have to?

OP posts:
NeuNewNouveau · 30/12/2015 21:10

It depends on whether the council has asked for compensation.
There will be cps costs (probably about £85 if he pleads guilty but slightly different in each county) but not the criminal courts charge as that stopped being charged on 24/12/15.

NeuNewNouveau · 30/12/2015 21:11

There will also be a victim surcharge of around 10% of the fine (min £20) added on.

Original poster
SlapACatFuckADuck · 30/12/2015 21:16

so roughly a £235 fine, a ban and the lamppost (i believe they have cause they keep going on about not paying for it and haggling with the price)

OP posts:
NeuNewNouveau · 30/12/2015 21:29

You can't say until it actually happens as the magistrates on the day will have a lot more information than a random in the Internet. What I've given are guidelines that would be applicable given the information you've given.

greenfolder · 31/12/2015 22:48

Your mothers insurers will be obliged to pay for damage to the lamp post in the first instance under the RTA. They will pursue your brother for all of their 35k outlay though. They will sell the debt on and they will follow him for at least 6 years. The insurance policy has indemnified your mother, doesn't protect the thief.

TracyBarlow · 01/01/2016 10:52

Neu has given great advice. What I would also say is that, after sitting in the mags courts as part of my job for the past 14 years, the ones who get the lighter sentences after mitigation are the ones who are contrite, hold their hands up, are apologetic and don't squabble about the details. The ones who try to argue with the magistrates are the ones who get a bollocking in court. The magistrates will not look kindly on him it going to the police station to do his statement. It will not help his case. I suggest he gets that sorted ASAP.

Your brother sounds like a tool.

Blushingm · 01/01/2016 22:31

It'll be 6 for no insurance minimum plus fine. They will be on license for 3 years at least, even if he gets a ban

Original poster
SlapACatFuckADuck · 02/01/2016 01:50

Really? He thinks once he's been to court that is that and it's done and dusted and he won't have to pay anything back to anyone!!

He's not apologetic in the slightest he really doesn't care and she's treating him as if he's done nothing wrong so there really isn't any consequence for him she's now offered to pay for his solicitor for him so he doesn't get a " too harsh sentence" because she thinks him being early 20's they'll take the "mick" with sentencing

So can he not get his licence back till all the points are off his licence?

He's in court next week so he doesn't have long!!

OP posts:
FishWithABicycle · 02/01/2016 04:50

A great thread - thank you OP. I look forward to hearing what happens.

There are a lot of young people who just don't have the maturity to be a responsible driver. Could the driving theory test be expanded to screen these people out and fail them until they grow up a bit?

MooseBeTimeForSnow · 02/01/2016 06:05

His mother doesn't give a shit about 36k damage to her car? Jesus wept.

The Apple didn't fall very far from the tree did it?

I can hear the collective thumping of heads off desks of all the legals/former legals on here (myself included in the latter).

LastAnni · 02/01/2016 06:46

This thread reads like a car crash (pardon the pun)! OP please do update us; can't wait to hear how the bargaining goes down in court.

KwickNC · 02/01/2016 07:38

OP sorry but your mother sounds very friggin entitled as does your brother actually

Blu · 02/01/2016 08:58

Your mother's next step will doubtless be to help him pay off the claim from the insurance co.... Maybe out of her insurance payout.,.

zipzap · 02/01/2016 11:07

Hmm. If not sending a form back to the police or not going in to give a statement were an effective way of charges being dropped then why would anyone ever go and do it when requested?

I'm guessing your db hasn't read the small print to check if there are additional penalties for not doing things? Grin. (no idea if there are or not!)

N1cholas · 02/01/2016 11:41

The costs of the lamppost may not be dealt with in the criminal proceedings beyond paying the various surcharges they have. If there's no specific application for criminal compensation within the criminal proceedings, it would be for the council to bring a civil claim against him if he doesn't pay the bill they will send him.

The council will have to prove: a) that he ran into the lamppost, which they won't struggle with because he has pleaded guilty in the criminal court, and b) their damages i.e. the cost of replacing the lamppost, which they also won't struggle with because they will have all the receipts, work records and so on. He will then also have to pay their very limited small claims costs of around £200.

NotDavidTenant's script for the court bartering process was hilarious Grin