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!

He broke the law.

@Soontobeseller

Your son is lucky to have you OP

I think he is, but not in the way you mean.

If he was a working class kid, or if he had been black, he'd've been fucked at this point.

As it is, he's from a middle class family who can afford to pay for a SHL. He has an articulate mum who can spell and punctuate, and who therefore access to advice on MN from like-minded people who will advise her on how to make sure his pretty serious criminal fuck-up is as consequence-free as possible.

@SendMeHome

Non recordable does not mean that you don’t get a criminal record.

Police here - he broke the law. Would be interested to hear ‘mitigating circumstances’. If he goes No comment he loses any chance of mitigating circumstances. The interview is his chance to present his version of events. Going guilty late doesn’t tend to land well. A prepared statement will still mean a full interview as they should ask all the questions and any silence from him is v telling.

Are you helping him try to get away with this? Are you aware of what you are sowing here?

Sorry, I haven't read the whole thread, but I think household insurance legal cover might be for situations when the chance of legal success is 50%: likelihood evaluated by them or a third party.
This is for disputes - but best check it out and what the 50% would signify in the situation in which your son has arrived.

I would phone a few solicitors in case some take time to get back to you, or don't give you the clarity and detail you are seeking.

He shouldn't have been with his mate either, should he? I doubt they are bubbling together...

And as a PP said, this may not be the first time he's done it. He just got caught this time.

Is he often out that late, OP?

I think a ‘no comment’ interview are for people that don’t have much if any evidence against them

Your son got caught bang to rights so I’d assume no comment wouldn’t help him anyway

what mitigating circumstances are they op-he ran off so didnt think it wa simportant at the time or he would said so instead of trying to d a runner

I have some questions - how many driving lessons has he had? Whose car was it? What had they been doing all evening, to be out driving at 1am?

I don’t agree with how harsh some of the PP are and actually feel sorry for him. He will have to face the consequences of his actions and will be punished accordingly but that doesn’t make him a bad lad. He obviously panicked when approached by the police and being just 17 did something daft and made the situation worse. Chances are he has already learned a valuable life lesson that he can take with him in whatever career he chooses in the future.

Good luck with the interview!!

I think you are getting a hard time from some posters, my son is 16 and I can't imagine in a years time saying, ah well you shouldn't have done it, you're on your own!

It's good to see that it may not prevent a future career after all so I hope that is a small weight off your mind. I won't offer any legal advice as I have no knowledge in that area.

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?

Also, what mitigating circumstances do you think there are?

It’s also worth considering that if he had injured a pedestrian. Maybe leaving them with disabilities. His lack of insurance would be a huge problem.
Car insurance isn’t just about fixing damage to a car, it pays out to victims.
OPs son would have a lifetime of claims made against him.

As someone who did a lot of hiring of teachers etc in schools as an HR director, it is not extraordinary for people to have driving offences on their records. Yes, an offence is something to be considered when employing but it certainly isn’t a barrier to employment. In my experience this kind of offence on a record wouldn’t be an issue.

Not the question you asked but thought it might give you some comfort!

Hopefully it will keep home off the roads for a good few years but ultimately not affect his future too much. He needs some maturity before being on the roads or in the police-as do most 17 year olds.

I've picked up the pieces of far to many accident victims where the story started like this, time to mature will be no bad thing for him.

As a solicitor, albeit in Scotland, I'm surprised they're bothering to interview him at all. I don't think I ever had a client who was interviewed over no licence/insurance. Running away from the police isn't great though!

He’s lucky he didn’t cause an accident or a death, especially whilst being uninsured. A caution and a criminal record will be a light outcome, and should hopefully teach him a well needed lesson.

So no mitigating circumstances, no essential emergency, just bring a prat.

@thedancingbear what do you gain by posting that? Is it some inner rage? Or wanting to use op to make a wider point? Make her feel more awful than she already does?

Honestly can’t comprehend the thought process of some of you on here. If you think that your darling toddlers won’t ever step out of line or it makes you feel safer to decide it’s down to bad parenting, then you are wrong.

I would also take some of the posters claiming to be police with a huge pinch of salt. It’s the internet and even if they are the local pc, they are not qualified to give expert advice.

Actually, I hope the op has hidden this thread now with its sanctimonious and pointless lectures.

I'm sorry OP. Thats a really horrible shock for you.

Young brains are not fully formed and connected and unfortunately your DS proved that with this incident. Hopefully he will learn a lot from it and have got a real shock.

I toyed with what to respond on this as I also felt some of the same emotions expressed here but on balance its all very easy to judge till our own DC get themselves into some foolish scrapes.

However, in order for the lesson to be learned I'd personally just advise him to be completely honest.

I’m a police officer I would also advise getting a solicitor. The police officer interviewing him can arrange the duty solicitor for him. There normally really good and give good advice. Unless you have a specific solicitor you normally use I would just got with the duty one.

@Ginger1982 I imagine he'll also get a charge for TWOC as well as the driving without a licence/insurance offences, in addition to whatever offences they may lay regarding him running.

Yes, the duty solicitor is the expert, fully trained and highly experienced. If you pay for someone who is not a duty solicitor they will not have the same expertise.

He should be doing this research not you. A lesson he needs to learn, not mummy sorting it for him. What an idiot he’s been

OP good luck. I would hide this thread now. Some posters just don’t have a clue about the law, teenagers etc. Good luck. We all make mistakes.