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!

That’s really not how it works with teenagers today.
I work with a local young persons mental health charity.

Sadly the teenagers don’t want the parents to know, many of their friends don’t have the parents contact details, often they don’t even know where each other live - yet they’re sharing on social media them crying / self harming / photos of tablets etc

But OP, in this case he knew where she was, to the extent that he was able to drive there. So he could have passed that information on to the police so they could attend and assist. Her parents need to know if their daughter is suicidal, it's not generally helpful to collude in keeping that sort of thing secret.

He's 17, which is an excuse for getting wrapped up in teenage drama. You're an adult - surely you can see that his 'heroic' illegal drive to dramatically rescue this girl was not what was needed?

My teenage cousin committed suicide a couple of years ago. Keeping his mental state secret from his parents would not have been helping him, quite the opposite. He needed real help and intervention, not teenage dramatics.

Sorry but the circumstances you've described won't be mitigating as he didn't have to drive, albeit it was with the best of intentions.
In interview your son is better if being honest, especially as he was seen by Officers driving.
You can get a solicitor, although for traffic offences it may be at your own expense.

Can you ask the ill friend to give a statement confirming ds’s version of events? Otherwise, they may assume he’s making it up?

Yes they pulled him over for no reason, I did check this at the time.

The police simply do not pull a car over for "no reason". If they have told you this there is more than meets they eye here.

I’m guessing seeing a 17 year old driving at 1am in the morning could be the reason for pulling him over.

Oh FFS @ReceptacleForTheRespectable

You're an adult - surely you can see that his 'heroic' illegal drive to dramatically rescue this girl was not what was needed?

Have I one stated I thought it was ok what he did?? No! I’ve made it very clear what I think.

However this thread isn’t about me or what I think. It was to get legal advice on the legal thread.

@Standrewsschool

I’m guessing seeing a 17 year old driving at 1am in the morning could be the reason for pulling him over.

It would certainly pass a test of reasonable suspicion.

But that is not "no reason". Outside of very specific circumstances random stops are not allowed.

@ProfessorSlocombe

Yes they pulled him over for no reason, I did check this at the time.

The police simply do not pull a car over for "no reason". If they have told you this there is more than meets they eye here.

My ds was regularly pulled over when he first got himself a performance hatchback. No particular reason as far as I'm aware. Just a young man in a showy car.

@Standrewsschool

Can you ask the ill friend to give a statement confirming ds’s version of events? Otherwise, they may assume he’s making it up?

Thanks. Yes she’s prepared to.

@ProfessorSlocombe

Yes they pulled him over for no reason, I did check this at the time.

The police simply do not pull a car over for "no reason". If they have told you this there is more than meets they eye here.

Ok so now the police are lying to me!

@Newfor2021

Oh FFS *@ReceptacleForTheRespectable*

You're an adult - surely you can see that his 'heroic' illegal drive to dramatically rescue this girl was not what was needed?

Have I one stated I thought it was ok what he did?? No! I’ve made it very clear what I think.

However this thread isn’t about me or what I think. It was to get legal advice on the legal thread.

No, you just claimed that he couldn't call her parents or an ambulance (although why he couldn't involve a more appropriate adult is still unclear), and said in your OP that you considered it to be mitigating circumstances.

I may have missed it, but at no point have you acknowledged that the 'mitigation' is nothing of the sort.

@Standrewsschool

I’m guessing seeing a 17 year old driving at 1am in the morning could be the reason for pulling him over.

I assume so. Particularly if he does look young.

God there are some arseholes on this thread
Good luck OP, you sound like a lovely mum and your ds a good lad who's made a mistake, but knows it and is remorseful.

@tarapinn

God there are some arseholes on this thread Good luck OP, you sound like a lovely mum and your ds a good lad who's made a mistake, but knows it and is remorseful.

Thank you so much!! I needed some kind words, struggling to keep myself together and stay level headed!

Quite likely to be pulled over by police, aren't we supposed to stay at home, so being out at 1am probably not likely to be essential

Not saying your DS was breaking any covid laws OP, just that the police can be quite active about this especially as he is young.

Hi @RedRiverShore yes that’s what I thought, were a fairly small town plus there was a rape the night before so I expect extra patrols about.

God some posters are twats!

OP, you sound like a lovely mum. You clearly aren’t excusing what your son did, but I think it’s so important for kids who have fucked up to know that they still have the love and support of their parents, even when their parents think they have behaved stupidly. You don’t need to teach your children that actions have consequences by completely abandoning them when they do stupid things.

I think you’re doing exactly the right thing, and I hope it all works out for all of you in the end

It's was a mistake, but potentially a costly one (I used to work in insurance). Probably will cost him a good few thousand in the medium term due to loaded premiums.

i wouldn't care what the teenagers wanted; if they are suicidal, their parents would be told, and ambulance called.

Why are people saying police do not randomly stop....i have been randomly stopped on many occassions

Oh thank you so much @Carolina24 your words have brought me great comfort.

I miscarried in November and my son was there for me, we were home alone and he was a little super star ..... and now he’s going through his own personal hell (albeit self inflicted) and I just want to love and support him as best I can.

Qualified solicitor here. Wont offer advice as I don't have full facts but I will say the following:

1. you don't need to look at your household insurance or other policies to check for legal cover - everyone is entitled to legal aid for police interviews regardless of means.

2. there is nothing wrong with the duty solicitor - it is actually an additional qualification on top of being a solicitor. The duty is a rota scheme run by the legal aid agency - they are not inferior and have no affiliation with the police. If you have a preferred solicitor that's fine but no issue using the duty if not

3. re no comment - don't take advice from a police officer about what to do in police interview. The solicitor will assess the evidence and advise re options. Your son is free to do what he wishes but should at least hear the advice.

Good luck to your son.

If I had a pound for every parent that says ‘he didn’t mean it, he’s a good lad, it wasn’t him’

And another pound for ‘they were just randomly picked up’

I’d get out of the police and do something less thankless

Good luck op. You sound like a very caring mum with a great relationship with your son. I hope they go easy on him