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Legal matters

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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:
prh47bridge · 26/05/2023 08:05

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.

His relevant weekly income will be deemed to be £120.

prh47bridge · 26/05/2023 08:08

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.

I strongly disagree with both you and @Quveas .

Being entitled to an appropriate adult when being interviewed by the police does not mean you cannot drive safely.

Like it or not, his diagnosis does affect the penalty. Under the sentencing guidelines, it is a mitigating factor which will reduce the sentence.

UndercoverCop · 26/05/2023 08:14

You've been given some good advice here OP given the complexities and that he was interviewed without an appropriate adult it's worth seeking legal advice, wouldn't usually be.
Also not sure why people are having a pop at you, it wasn't you driving!

sparkypupp · 26/05/2023 08:39

No one has suggested it is an excuse that he is not "adult enough". It is his right to have an appropriate adult present.

Drink driving is an emotive subject however the OP asked for practical advice, not a kicking.

catin8oots · 26/05/2023 08:40

12 month ban and a fine. Just use the duty solicitor.

Just be aware it will stay on a basic DBS check for 5 years and standard and enhanced DBS checks for 11 years.

HeidiWhole · 26/05/2023 08:48

@prh47bridge

That's not what I said. If autism is undeclared and THEN used as a defence after an accident (i.e my autism made me panic and lose control) then it could potentially happen. You can also be fined. Having just applied for my autistic son's licence I have done my research.

www.gov.uk/asc-and-driving

I'm not saying this is what happened in this case...just something to be aware of.

TeenDivided · 26/05/2023 08:48

OP. Just a comment, I don't 'know' most of the posters here, but prh47bridge does generally know what he is talking about, so his advice is more likely to be right.

HeidiWhole · 26/05/2023 08:57

Sorry to derail, OP.

It sounds like a very stressful situation. I hope it's resolved as swiftly for your son as possible.

Klex · 26/05/2023 09:50

Are you Scotland or elsewhere in the UK, because the limits are different in each jurisdiction.

Get a solicitor, ask for the duty solicitor. He will possibly qualify for legal aid.

If he pleads guilty/is convicted he's likely to be banned - minimum is usually a year.

But you really need someone who knows the system to help you out.

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