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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
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: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

How can I help with this please?

Customer: replied 11 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 11 months ago.

Ok. So what is your question about this?

Customer: replied 11 months ago.
where does he stand
Expert:  Jo C. replied 11 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 11 months ago.
no he was but did not admit to it
Customer: replied 11 months ago.
he has been bailed till next month
Expert:  Jo C. replied 11 months ago.

Where was he found in relation to the car?

Customer: replied 11 months ago.
a few streets away i need to talk more to him
Expert:  Jo C. replied 11 months ago.

How long after roughly?

Customer: replied 11 months ago.
not sure sorry not that long i dont think
Customer: replied 11 months ago.
dont they have to prove he was driving or in the car ?
Expert:  Jo C. replied 11 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 11 months ago.
ok so should i get him a lawyer to go back to the station in 4 weeks time
Expert:  Jo C. replied 11 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 11 months ago.
he does not need aid he has money to pay for one
Expert:  Jo C. replied 11 months ago.

They would attend for a private payer.

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

Customer: replied 11 months ago.
what will happen when he goes back to the police
Customer: replied 11 months ago.
he didnt have a solicitor when he was charged
Expert:  Jo C. replied 11 months ago.

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

Customer: replied 11 months ago.
will they try to charge him when he goes back
Customer: replied 11 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 11 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 11 months ago.
they will tell him when he goes back
Customer: replied 11 months ago.
i thought he would get a court date if they were that sure
Expert:  Jo C. replied 11 months ago.

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

Expert:  Jo C. replied 11 months ago.

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

Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 11 months ago.
will they try charging him when he goes back
Expert:  Jo C. replied 11 months ago.

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

Customer: replied 11 months ago.
sorry whats that mean
Expert:  Jo C. replied 11 months ago.

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

Customer: replied 11 months ago.
ok thanks so would it not be better to have someone with him
Expert:  Jo C. replied 11 months ago.

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

Customer: replied 11 months ago.
ok so he sould just say no comment then
Expert:  Jo C. replied 11 months ago.

He shouldn't be interviewed at bail back stage.

Customer: replied 11 months ago.
ok will he be if hes charged
Expert:  Jo C. replied 11 months ago.

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

Customer: replied 11 months ago.
sorry so if hes charged what will happen then
Expert:  Jo C. replied 11 months ago.

He will be given a court date to attend.

Customer: replied 11 months ago.
ok thank you
Expert:  Jo C. replied 11 months ago.

No problem. All the best.

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