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!

@Belinda554 literally any driver ‘could’ kill someone in the wrong circumstances. I’m obviously not excusing what OPs son has done but there are a lot of young people who have been unable to take their test due to COVID - mine has been cancelled 4 times - who have been taught to drive and can drive perfectly safely. The boy was not drunk or on drugs. It was reckless but there is nothing to say that in this situation he was more likely to cause a problem than any other driver. There are old people on the road I know who I don't consider necessarily safe, but of course, they get to keep their licenses regardless. It was entirely random that he was even caught.

Lots of silly comments about duty solicitors. There are few criminal defence solicitors who aren’t also be a duty solicitors. It is true that if you use the duty you don’t get to choose and therefore (like any profession) quality varies. However, for the 330 days of the year they aren’t being a duty solicitor they will be giving advice to their own clients.
The person you call by choice almost certainly is a duty solicitor.

[quote MummytoCSJH]@Belinda554 literally any driver ‘could’ kill someone in the wrong circumstances. I’m obviously not excusing what OPs son has done but there are a lot of young people who have been unable to take their test due to COVID - mine has been cancelled 4 times - who have been taught to drive and can drive perfectly safely. The boy was not drunk or on drugs. It was reckless but there is nothing to say that in this situation he was more likely to cause a problem than any other driver. There are old people on the road I know who I don't consider necessarily safe, but of course, they get to keep their licenses regardless. It was entirely random that he was even caught.[/quote]
Are you serious? He has not yet finished learning to drive. He was obviously driving badly for the police to try to stop him. Then he gunned it away from them, abandoned the car and ran off.

Of course he is more dangerous that you or I on the way to the shops.

one scenario that springs to mind is being out with friends who were supposed to be giving you a lift home, only the driver is drunk and won't be persuaded to get a taxi; so in desperation you suggest that you should drive instead

That is by absolutely no stretch of the imagination what would be considered mitigating circumstances. Youd get a taxi or phone parents. You don't jump into a car you're not licensed or insured to drive

Sorry OP but having been caught committing those 2 offences and then running off id say means he hasn't a snowballs chance in hell of being found not guilty

[quote MummytoCSJH]@Belinda554 literally any driver ‘could’ kill someone in the wrong circumstances. I’m obviously not excusing what OPs son has done but there are a lot of young people who have been unable to take their test due to COVID - mine has been cancelled 4 times - who have been taught to drive and can drive perfectly safely. The boy was not drunk or on drugs. It was reckless but there is nothing to say that in this situation he was more likely to cause a problem than any other driver. There are old people on the road I know who I don't consider necessarily safe, but of course, they get to keep their licenses regardless. It was entirely random that he was even caught.[/quote]
Old people can be bloody scary behind the wheel.

One offered me a lift after a funeral at Filton St Peter's Church.

He pulled out of the church entrance and turned right into a Dual Carriageway...He did a U turn outside Filton College. {google Earthable}

He was oblivious, as was his Wife.

Another, today, nearly drove through a red light. I had to say ''LIGHTS!!!''
Older people can show cognitive decline.

The attempt at evasion is problematic on top of the motoring offece....you need a solicitor who specialises in road traffic offences. The likely outcomes depends on sentencing options... where I am some road traffic offences are mandatory ban & criminal record...lesser charges on a guilty plea can be disposed of by a Judge who will give him an earful but leave it at a fine or donation to charity. It depends on the charges & also on the Judge as to any discretion s/he may have. The only mitigating circumstance that I can think of that could explain his actions is if he were going to someone's aid in an emergency...other than that, he may just have to face the consequences & take his medicine. As for taking flight... I guess he was afraid...but it's made it all far worse. I'd be raging with him....does he get what he has done or is he expecting you to 'fix' it??

Do NOT proceed with the interview without a solicitor (your own or duty) present.

Always follow the solicitors advice.

You will have time to discuss everything with them before hand. They will advise you both on anything you should say during the interview.

I think you will find there will be no mitigating factors you can use for this. He shouldn't have been driving.

Good luck for the interview.

Do you have legal cover on your home insurance, ours had up-to £25k each person living here, worth a check!

Old people can be bloody scary behind the wheel

Yes they can. So can 40 year olds, 20 year old and everyone else. But there's a difference. They passed their test, paid their insurance, and didn't leg it when the police turned up.

I genuinely do hope that this doesn't ruin this young man's future. But I'm gobsmacked that people are making excuses for someone who has seriously broken the law, like it doesn't really matter because nobody is dead. Somebody could have been dead. And there are no mitigating circumstances. None. Its illegal. AND ITS SERIOUS. And if anyone here had a partner killed by a driver driving without a licence and insurance, they'd know that.

@MummytoCSJH

You don’t know that he can drive safely, because he hasn’t proven it. He’s also driving without insurance.

I think if your husband/son etc was killed by an uninsured, unlicensed driver...your opinion may be different. As would this thread. He ran from the police...do you think he would have stopped if he’d hit a pedestrian?

Life has consequences and he deserves a criminal record, as he broke the law.

There are no mitigating circumstances

friends who were supposed to be giving you a lift home, only the driver is drunk and won't be persuaded to get a taxi; so in desperation you suggest that you should drive instead.

I'm very sorry you are facing this. Do get really legal advice and follow it.

putting the above forward as mitigating circumstances provides evidence that no responsibility is being taken for the actions

The kind of mitigation that would be worth mentioning would be

"If the supervising adult had a heart attack ( or anything else) and dies in the passenger seat. So long as the provisional driver drives straight to a hospital. "

Good luck.

I might be completely ignorant here, but is this a criminal offence or is it a driving offence? In terms of criminal records - if it is a driving offence it will have less long term consequences.

Isn't non-essential travel in the middle of a lockdown making things even worst?

I don't think that a single offence/incident (especially when young) would necessarily bar him from a future career in the police force. I met a policeman once, who not only had a criminal record, but claimed to have lied about it in his job application (ie not mentioned it) - got brought up in his second interview, apparently - but he still got the job!

I thought showing remorse would help when judged. It shows accountability and the acknowledgment that he knows it wrong and won't do it again. It will effect his insurance too possibly.

@goodbyelenin

Isn't non-essential travel in the middle of a lockdown making things even worst?

I wondered this, too. Where would a 17yo be coming from/going to at 1am in lockdown. Was your son coming back from work, OP?

Also, does the car belong to him or is there a chance he will be asked about taking the car without consent, given you were asleep?

Wishing you luck as I can imagine this is hugely stressful. I can’t think of any mums who wouldn’t try to help their child in these circumstances.

Just FYI I was caught driving without insurance (again young and stupid) and it doesn’t show on a CRB check for me

(I was found guilty) I was just given 6 points

Sorry to add to your woes OP, but your DS’ may struggle to get car insurance with points on his provisional licence, my DS passed his driving test at 17,:lots of questions were asked as to whether he has any points or motoring convictions, he didn’t, but the cost of insurance was still very expensive. Goodness knows what it would have been with points.

Your son is lucky to have you OP

OP if he was out at 1am with a mate can you honestly say it was the first time he had driven that car without being supervised. Running from the police makes it all worse.

Police officer's comments when I was trying to defend an autistic who lashed out during a seizure:

"They committed a crime. Being autistic doesn't give them a pass". That's like saying someone who is having an epileptic seizure is somehow responsible for any injuries inflicted to others *whilst they are having a seizure."

Your teen is NT. Knew what they were doing. Did it anyway. Good luck.

I don’t blame the lad for running, it’s fight or flight it was an automatic response if he was thinking calm and rationally then he probably would have run away after being caught.

Driving without insurance is a non-recordable offence, as long as he is not convicted of a recordable offence at the same time.

If he’s convicted of obstructing the police, or anything else recordable, both would show on his CRB.

As he’s under 18, they’d be visible for 5.5 years, and then they’d filter (as long as he doesn’t get further convictions, and he’s not charged with anything that is not eligible for filtering).

@landofgiants

I don't think that a single offence/incident (especially when young) would necessarily bar him from a future career in the police force. I met a policeman once, who not only had a criminal record, but claimed to have lied about it in his job application (ie not mentioned it) - got brought up in his second interview, apparently - but he still got the job!

That's precisely why so many of us don't trust the police/have no respect for them. BUnch of shysters.