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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69510
Experience:  Over 5 years in practice
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My son was done driving after crashing car bur did not have

Customer Question

my son was done for drink driving after crashing car bur did not have the keys or was not near the car
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

How can I help with this please?

Customer: replied 7 months ago.
my son was done last thursday early morning for drink driving but was not near the car crash or have the keys on him
Expert:  Jo C. replied 7 months ago.

Ok. So what is your question about this?

Customer: replied 7 months ago.
where does he stand
Expert:  Jo C. replied 7 months ago.

What is the evidence that he was driving?

If he was not then I presume he has told them who was?

Customer: replied 7 months ago.
no he was but did not admit to it
Customer: replied 7 months ago.
he has been bailed till next month
Expert:  Jo C. replied 7 months ago.

Where was he found in relation to the car?

Customer: replied 7 months ago.
a few streets away i need to talk more to him
Expert:  Jo C. replied 7 months ago.

How long after roughly?

Customer: replied 7 months ago.
not sure sorry not that long i dont think
Customer: replied 7 months ago.
dont they have to prove he was driving or in the car ?
Expert:  Jo C. replied 7 months ago.

Oh yes, but is never that simple.

I don’t know what the evidence is here but the fact that he was found a few streets away gives rise to an inference. Inferences are not enough but if they have other evidence at all it might be.

I would imagine they are trying to find eye witnesses who can put him in the car. If they can they could rely on that.

If not they will probably drop down on failing to stop and report.

Can I clarify anything for you?

Jo

Customer: replied 7 months ago.
ok so should i get him a lawyer to go back to the station in 4 weeks time
Expert:  Jo C. replied 7 months ago.

If he didn't have a solicitor in police interview then probably they won't agree to act now because legal aid would not be in place.

Generally speaking they don't attend the bail backs now anyway.

Customer: replied 7 months ago.
he does not need aid he has money to pay for one
Expert:  Jo C. replied 7 months ago.

They would attend for a private payer.

But you don't really need a solicitor for a bail back.

Customer: replied 7 months ago.
what will happen when he goes back to the police
Customer: replied 7 months ago.
he didnt have a solicitor when he was charged
Expert:  Jo C. replied 7 months ago.

If he has been charged then he should not be bailed back to the police station.

Customer: replied 7 months ago.
will they try to charge him when he goes back
Customer: replied 7 months ago.
the alleged offence was in charge of motor vehicle alcohol level above limit driver of car fall to stop after road accident criminal damage to property valued under £5000
Expert:  Jo C. replied 7 months ago.

Then they don't need to prove he was driving. Just that he was in charge.

They do seem to have some evidence that he was in charge otherwise there should not be a charge

It might not be enough.

Customer: replied 7 months ago.
they will tell him when he goes back
Customer: replied 7 months ago.
i thought he would get a court date if they were that sure
Expert:  Jo C. replied 7 months ago.

If he has been charged then he should have a court date.

Expert:  Jo C. replied 7 months ago.

I'm happy to continue with this but please rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 69510
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 7 months ago.
will they try charging him when he goes back
Expert:  Jo C. replied 7 months ago.

If he hasn't been charged already then he may be either charged, NFAed or rebailed.

Customer: replied 7 months ago.
sorry whats that mean
Expert:  Jo C. replied 7 months ago.

He could be either charged, bailed again or they could take no further action.

Customer: replied 7 months ago.
ok thanks so would it not be better to have someone with him
Expert:  Jo C. replied 7 months ago.

Well, there isn't really much benefit at bail back stage and it would rack up cost for him.

Customer: replied 7 months ago.
ok so he sould just say no comment then
Expert:  Jo C. replied 7 months ago.

He shouldn't be interviewed at bail back stage.

Customer: replied 7 months ago.
ok will he be if hes charged
Expert:  Jo C. replied 7 months ago.

No, as I said, he should not be interviewed during the bail back.

Customer: replied 7 months ago.
sorry so if hes charged what will happen then
Expert:  Jo C. replied 7 months ago.

He will be given a court date to attend.

Customer: replied 7 months ago.
ok thank you
Expert:  Jo C. replied 7 months ago.

No problem. All the best.

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