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!

Try not to stress op, if it wasn't for the fact that your ds would like to pursue a career with police force it would be simpler for him to just plead guilty, judges tend to take a dim view on not guilty pleas when caught in the act...

Do not use a duty solicitor

That's a bit unfair. Some may be able to make tea or coffee quite well.

However, when it comes to the law, it's a lucky (or unlucky, depending on your point of view) dip. I have come across some shocking advice given in the room - advice which could have lead to a defendant losing their house for accepting a caution. Not only does the duty solicitor owe you nothing (well, except their "duty") since you're not paying. You have very little comeback for bad advice. The law is a profession, after all.

I believe the charges will be: driving without someone, insurance as you said (although this wasn’t mentioned) and running from Police (I know it gets worse!)

Whoa. Backup. running from Police ?!?!?!?!

That wasn't mentioned in the OP.

I really would stop posting here and get a real scary solicitor. Things are not going to go well.

I think he needs to consider a different career path now....

He won’t be the first learner driver to do this, or the last. If you go in all,lawyered up he will look even guiltier than he is. If there is nothing else you are not saying, eg they had weed in the car, or were carrying knives or had been drinking then my advice ( not a lawyer) would be to go to the interview, admit what he has done , grovel and hope he gets off with a caution.

@growinggreyer

You know your son best. If you think that he would be better being guided through this process by you then stick with that. People who are being hard on this thread are not going to have to live with a young man's regrets for a lifetime like you are.

Thank you.

That’s what I worry about. He’s such a good kind person. He’s literally the most kindest friend to his group of people.
One of his friends mums who I’ve never met rang me up. She’s a police woman and she said her son just couldn’t believe my son would ever do this. She said, her son said that my son is the most kind and sensible person ever and is always looking out for everyone. 😢
I just don’t know how it comes to this!

That’s who gave me the advice to ignore any solicitor advice of ‘no comment’ she says as a police woman it not only annoys them but means they can’t actually be lenient on the youth because it forces them to pursue some sort of prosecution?

But I may have got that wrong! But that was my understanding.

You are starting in the wrong place. If he is serious about joining the police youneed to start here:

www.gov.uk/government/publications/national-recruitment-standards-eligibility-criteria-for-police-recruitment-and-consistent-recruitment-practices

Then build a long term strategy around that.
The good thing is that he’s not 18 yet.

It happens because the law "allows" children who are not legal adults get into a car and drive.

DDs friend did this in the sixth form. Was an L driver and went out on his own at night and got pulled over. Pleaded guilty. He was banned I think for 18 months or two years, so two years before he could take his test.

He was also fined, no idea how much. He joined the navy at 18 and has had a very successful career so far. Might have to look at the military instead!

Unfortunately the most likely outcome is that he will get six points on his licence before he has even passed his test. He will be effectively uninsurable for a very long time.

Maybe that is the best thing for everyone, OP. I'm sure he's a lovely kid on the whole, but what he's done here is spectacularly idiotic. It's no exaggeration to say he could have killed himself or someone else. There's a reason you have to pass a test before you're allowed to drive.

We all make mistakes. But grown up mistakes - like driving without a licence - have grown up consequences. Hopefully he'll learn from this.

.....because if he wants to be an officer that might be the first thing to say - with copious expressions of regret to follow, etc,etc.

I can’t see him becoming an officer if convicted after a no comment interview.

You need to get a solicitor with time to sort you a strategy.

No judgment here OP because unlike most MNers I don't think anyone is perfect and I don't think criminal convictions while underage should follow you round all your life either.

I am not sure what the mitigating circumstances were at 1am, I was thinking it might be something pandemic related like collecting a prescription. Running from the police isn't going to look good either, but anyone can panic and be stupid so hopefully a magistrate will be sensible.

I also think that it's ok for a parent to "run around" after a 17 year old in this scenario - a 17 year old isn't equipped to know where to turn.

Goodness knows what he was doing out at 1am though. Maybe we did need a curfew after all.

So was the "necessity" the fact his friend was drunk?

Op you can go in lawyered up with Scarylawyer AND grovel.
That might be well received.
Police will like to have scarylawyer grovel.

@ProfessorSlocombe

Do not use a duty solicitor

That's a bit unfair. Some may be able to make tea or coffee quite well.

However, when it comes to the law, it's a lucky (or unlucky, depending on your point of view) dip. I have come across some shocking advice given in the room - advice which could have lead to a defendant losing their house for accepting a caution. Not only does the duty solicitor owe you nothing (well, except their "duty") since you're not paying. You have very little comeback for bad advice. The law is a profession, after all.

Thought you might give me a telling off for a moment there lol. Yes very true Professor and expect unless you are in the legal profession or have experience, it’s something that people don’t realise. Was an certainly an eye opener.

@Newfor2021 sent you details. I do have sympathy, not to take away the seriousness however most people have done stupid things when we’re young (and sometimes adults) like a pp said it might help that he’s not yet 18. Really hope things work out.

Until he decided to abandon the car and run that is.

Ouch. This I'm afraid, is going to over-ride any mitigating circumstances, and was the daftest thing he could possibly have done.

Even the best of solicitors is going to throw their hands up at this, I suspect. Sorry, OP.

What on earth possessed your son to behave in this way? As pp have said, lawyer up and forget a future in the police force.

So was the "necessity" the fact his friend was drunk?

It would seem unlikely given it was in the OP's son' car, that the friend was meant to be driving

Short of a very serious medical reason or a need to escape very quickly from a dangerous situation, i don't think there are any mitigating circumstances really.

You know him and you presumably know why he was driving. Do you think there are any mitigating circumstances? Really?

Hi OP.

I found on this link under drug/driving offences.

• Other serious motoring offences such as convictions within the last five years of driving without insurance, failing to stop after an accident or driving whilst disqualified.
• More than three endorseable traffic convictions (including fixed penalties) within the last five years (for

offences on different dates)

• Two or more convictions for regulatory offences such as failure to renew vehicle excise licence within the last five years

From here: www.gov.uk/government/publications/national-recruitment-standards-eligibility-criteria-for-police-recruitment-and-consistent-recruitment-practices

It looks like he may have to hold off applying for the police for around five years or so, but it looks like he could still apply in the future if he keeps himself clean, so no need for him to write it off just yet :)

The fact that he did a legger from the police is a huge drip feed.

This is going to sound harsh, but he deserves a criminal record for this behaviour. And god help us if he ever ends up in a police uniform.

As he’s 17yo will any criminal record not become “spent” at some point in the future? Not sure if this is right ot not but rings a bell.

As far as the police goes, it is certainly disclosable and may mean that he can't join the police right now but would not necessarily bar him from joining in a few years. It is not the end of the world (but you don't have to tell him that right now ;) )

www.gov.uk/government/publications/national-recruitment-standards-eligibility-criteria-for-police-recruitment-and-consistent-recruitment-practices#:~:text=Police%20forces%20should%20not%20recruit,force%20vetting%20policies%20and%20procedures.

Sorry OP I hit send too soon.

I just wanted to add that whatever the outcome, I hope its not too awful for your DS. We all make mistakes (I certainly did as a teenager) and this is his. He will certainly think twice next time.

Good luck. He's lucky to have a mum willing to give him so much support.