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Original poster

Drink driving advice re son (please be gentle)

34 replies

Stressedge · 25/05/2023 16:57

Firstly - I have done nothing wrong, my son, along with legal issues will be hauled over the coals when we see him so PLEASE all I need is practical advice.
No need to tell me "STUPID, STUPID, IRRESPONSIBLE FUCKWIT, COULD HAVE KILLED SOMEONE" I don't need any unsupportive feedback as I'm currently unwell, first ever visits to A & E (he doesn't know this)

DS1 drove into a parked vehicle after drinking last night - first offence of anyone in our family for multiple generations. We therefore have no clue how to navigate or way through this.

He has autism/adhd/MH issues (anxiety, serious historic depression) was at a uni friend's house, felt a row was brewing - a situation he doesn't cope well with, so to avoid a meltdown/confrontation drove home rather than stay.

Breath was 71 & 68, he called the Police to the accident himself, he knows he's fucked up!

? — He didn't ask for a solicitor, he asked if he needed one and says they said not really as its straight forward. I assume we need one, we aren't rich so do I just go through the gov website to find one or suggestions? Accident is in his Uni town so we have no local knowledge.

? — I assume we just wait to hear about the car. Only a cheap runabout so it will be written off and he's losing his licence.

? — Do we tell the insurance company before speaking to solicitor?

Practical advice appreciated from people with more knowledge than I have.

I reiterate - I have done nothing wrong and HE called the police. He has other non legal ramifications from us that will become apparent to him in time. Nothing is to be gained currently by being confrontational and forcing him into an autistic meltdown.

OP posts:
Nolongera · 25/05/2023 16:59

1 year ban, I wouldn't other with a solicitor.

BurscoughBooths · 25/05/2023 17:01

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/excess-alcohol-driveattempt-to-drive-revised-2017/

sentencing guidelines attached. He can ask to see the duty solicitor at court on the day of his hearing, or represent himself. He’s looking at a ban and probably a fine. Band C is 1.5 times his weekly income, with a third discount if he pleads guilty at first hearing

Excess Alcohol (drive/attempt to drive) (Revised 2017) – Sentencing

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/excess-alcohol-driveattempt-to-drive-revised-2017/

CocktailCountryGirl · 25/05/2023 17:41

You need to inform your insurance company of any accident regardless of solicitors etc. So do that immediately..

Original poster
Stressedge · 25/05/2023 17:43

How does income work when he's a student? No job as due to the subject his time table is all over the place and the lectures change times, often at short notice. So he just lives on maintenance grant and bank of mum & dad.

OP posts:
CocktailCountryGirl · 25/05/2023 17:46

Stressedge · 25/05/2023 17:43

How does income work when he's a student? No job as due to the subject his time table is all over the place and the lectures change times, often at short notice. So he just lives on maintenance grant and bank of mum & dad.

I'm not sure about the amount but he'll be able to work out a payment plan. It doesn't all have to be in one go

Nomorecoconutboosts · 25/05/2023 17:49

Yes definitely inform insurance asap.

on another practical note, had it been discussed with him previously that he should not get behind the wheel (none of us should) if feeling at all agitated/unsettled/on the brink of a meltdown? Of course you are rightly addressing the alcohol issue but that is only part of it?

CaribbeanCupcake · 25/05/2023 17:50

He doesn't need a solicitor, he will get a letter telling him when to go to mags court. He will get a ban and a fine.
If the police have recovered the car he will need to contact the recovery company as they will likely be charging him per day they have it. If he doesn't know who the recovery company is, call 101 and they will be able to advise x

Plottingspringescape · 25/05/2023 17:52

It is a shame he didn't have a solicitor in custody. He should not have been told he didn't need one, as that is his decision and not the polices to make. He also sounds like he should have had an appropriate adult with him if he has autism. Did he? You need to tell the insurance company, and contact a criminal solicitor asap. It should be easy enough to find one on Google. They are the best people to talk you through the next steps and likely outcomes. Has he got a court date? There will be a duty solicitor at court, but if I were in your shoes I would want to speak to someone now.

Spidertights · 25/05/2023 17:54

No advice OP, but you are doing a great job being practical for your DS. I hope he's ok long term.

BabyMoonPie · 25/05/2023 17:55

How long ago did he pass his test? If it's within 2 years and he gets 6 points he will have his licence cancelled and will have to retake his test. Appreciate that may be a moot point if he gets a ban

sparkypupp · 25/05/2023 17:56
  1. Do you mean a solicitor for interview in the station or solicitor in court? As he is autistic an interview under PACE requires him to have an appropriate adult and they also cannot deny legal representation. Would he have made them aware? It doesn't change the facts of the drink driving but does impact on how he is dealt with.

2/3. he needs to inform insurance straight away of the accident regardless of any pending CJ outcome. They will also then process any repair/write off.

Where is the car currently?

Fluffyrug191 · 25/05/2023 18:28

Sounds like you could contest the charge on a practicality given that they told him he didn't need a solicitor and he is autistic (does he have a formal diagnosis?) And didn't have an appropriate adult with him. If you can prove they didn't follow due process it would be thrown out. That's tricky to do without a solicitor involved though.

Family member was done for drink driving a few years ago and got totally shafted by unscrupulous solicitor who charged him £5000 telling him he could definitely overturn the charge ... and then advised him to plead guilty, didn't give any decent advice. 🙄🤦🏼‍♀️

Parkermumma07 · 25/05/2023 18:37

They may not have interviewed him, people are not always interviewed for drink driving.

Original poster
Stressedge · 25/05/2023 18:37

He had a late diagnosis so I doubt he mentioned it and I doubt theyd realise, certainly not one teacher did. It's mostly relationships, understanding non verbal communication he struggles with. Hed take anything they said to him very much at face value.

I meant for interview at the station, I genuinely don't know how he will cope with court - I can see him going back into a massive downward spiral.

He asked where the car was, they said they didn't know, we can't get anyone on 101

OP posts:
sparkypupp · 25/05/2023 18:49

Ok, practical advice for now is to make contact with the relevant officer and advise of his autism diagnosis- he has a right to legal representation and an appropriate adult and needs to know where the car is in case it is incurring daily fees. If he doesn't feel able to has he got the reference number and/or contact details so you can do it for him?

If he doesn't have the officer's details and you can't get through via 101 you can log it all online via the relevant force's website - it will be under the tab "Tell us about".

Original poster
Stressedge · 25/05/2023 20:25

Thanks everyone, the police have really been helpful it sounds like we do need a solicitor, his diagnosis won't change the fact that he's guilty but may the penalty

OP posts:
Fluffyrug191 · 25/05/2023 21:42

Glad you've managed to get a few answers OP. Sorry you are going through this, hugely stressful. I hope your son is ok, we've all made stupid decisions on the spur of the moment.

Plottingspringescape · 25/05/2023 21:59

Definitely speak to a solicitor. If the only evidence of him driving is his admission, which was given in an interview where he should have had an appropriate adult but didn't, that might make a difference to the outcome at court. Although obviously he did do it, so it depends on how you feel about things.

Quveas · 25/05/2023 22:20

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MichelleScarn · 25/05/2023 22:32

I absolutely agree with @Quveas and cannot believe people are suggesting using his diagnosis to try and affect the penalty.

HeidiWhole · 25/05/2023 22:34

Bear in mind too that if he did not declare autism when applying for licence and it is used as a defence then his insurance may be invalidated.

NeverDropYourMooncup · 25/05/2023 22:40

Stressedge · 25/05/2023 18:37

He had a late diagnosis so I doubt he mentioned it and I doubt theyd realise, certainly not one teacher did. It's mostly relationships, understanding non verbal communication he struggles with. Hed take anything they said to him very much at face value.

I meant for interview at the station, I genuinely don't know how he will cope with court - I can see him going back into a massive downward spiral.

He asked where the car was, they said they didn't know, we can't get anyone on 101

But he didn't take the Law saying it is illegal to drive whilst over the permitted alcohol blood limit at face value, did he?

He needs to not drive again. Because he drove somewhere, he decided to drink alcohol knowing his car was available and he decided to get in that car and drive it, having consumed alcohol. Nobody gets a free pass because there was a slightly deadpan response from a police officer that, having blown over the limit and having come out of a vehicle that he'd embedded into the side of a parked care, there probably wasn't much point in trying to wriggle out of it now.

Nomorecoconutboosts · 25/05/2023 22:40

@Quveas
I did gently allude to this in my earlier post but op did not respond/acknowledge (entirely his/her choice of course)

I was concerned that her ds had not thought through the responsibilities of driving - and regrettably chose to get into a car not only over the limit, but what sounds like a state of agitation/on the brink of a meltdown. I wondered if he had thought about this or if it was something his parent or driving instructor had mentioned to him. Or perhaps his instructor didn’t know he had autism?

Original poster
Stressedge · 25/05/2023 23:36

Thank you to the people who have been helpful.

DVLA are aware he is autistic and has ADHD

He is thoroughly aware he made a hideously bad decision and do not forget he called the Police himself.

It is on the advice of the police I was told to mention his diagnosis, I'm sceptical but I think we do need professional help - he's been suicidal in the past so I think he will need support through the process

I'm done with this but thanks to those who were kind, it helped massively. I'm closing the account now I can't deal with the rest of you, I'm sure making things worse for me made you feel great.

OP posts:
prh47bridge · 26/05/2023 08:02

HeidiWhole · 25/05/2023 22:34

Bear in mind too that if he did not declare autism when applying for licence and it is used as a defence then his insurance may be invalidated.

Why do people come up with this rubbish. An insurer cannot void a policy just because the driver has autism. The driver only needs to disclose a diagnosis of autism if their doctor tells them that it affects their ability to drive.