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New driver accident
My stepson, who is 17, passed his test on Friday. He crashed into a roundabout on Tuesday, mowing down 2 signs, a black and white deviation sign and a lit up keep left sign. No one was hurt and no other cars were involved,but the traffic police turned up and arrested my stepson for dangerous driving, they said to him at the time they estimate his speed at between 80 and 85 mph, it was a 50 mph speed limit. He was breathalised, negative, and taken to the police station till he was released on bail till 15th March. His car has been written off and the insurers have made an offer.
What will the police do now, will he lose his licence and have to retake his test?
What will the police do now, will he lose his licence and have to retake his test?
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I've got a feeling of deja vu here. I'm sure that you've already asked this question.
The police will refer to matter to the Crown Prosecution Service. The CPS will decide which motoring offence to charge your son with.
If the CPS take the same view that the police appear to have done, (i.e. that the appropriate charge is one of 'dangerous driving'), your stepson is in serious trouble. Dangerous driving can be dealt with by a magistrates' court or it can be referred to the Crown Court. In a magistrates' court, the maximum penalty is a �5000 fine and/or 6 months in prison. Before the Crown Court, the maximum penalty is an unlimited fine and/or 2 years imprisonment.
Unless there are 'special reasons' (which I'm sure won't apply in your stepson's case) the court is obliged to impose a minimum one year driving ban and order that the driver must take an extended retest before regaining their licence.
http://www.cps.gov.uk/legal/section9/chapter_b .html#33
I've got a feeling of deja vu here. I'm sure that you've already asked this question.
The police will refer to matter to the Crown Prosecution Service. The CPS will decide which motoring offence to charge your son with.
If the CPS take the same view that the police appear to have done, (i.e. that the appropriate charge is one of 'dangerous driving'), your stepson is in serious trouble. Dangerous driving can be dealt with by a magistrates' court or it can be referred to the Crown Court. In a magistrates' court, the maximum penalty is a �5000 fine and/or 6 months in prison. Before the Crown Court, the maximum penalty is an unlimited fine and/or 2 years imprisonment.
Unless there are 'special reasons' (which I'm sure won't apply in your stepson's case) the court is obliged to impose a minimum one year driving ban and order that the driver must take an extended retest before regaining their licence.
http://www.cps.gov.uk/legal/section9/chapter_b .html#33
The CPS might decide that a charge of 'careless driving' is more appropriate (or your stepson's solicitor might be able to convince a court that they should only convict him of the lesser charge). If so, the maximum penalty is a �5000 fine. Unless there are 'special reasons' (which, once again, I'm sure won't apply) the court must either endorse his driving licence with between 3 and 9 points or impose a driving ban. If a ban is imposed, it can either be for a fixed period or until he passes another driving test.
http://www.cps.gov.uk/legal/section9/chapter_b .html#35
The preceding paragraph applies to any driver, irrespective of how long it is since they passed their test. However, your stepson is also subject to the provisions of the Road Traffic (New Drivers) Act 1995. This states that if he's banned, or acquires a total of 6 points on his licence, during the first two years after passing his test, his licence will automatically be revoked.
http://www.statutelaw.gov.uk/legResults.aspx?L egType=All+Legislation&title=new+drivers&searc hEnacted=0&extentMatchOnly=0&confersPower=0&bl anketAmendment=0&TYPE=QS&NavFrom=0&activeTextD ocId=1381798&PageNumber=1&SortAlpha=0
A 'revocation' is not the same as a 'disqualification'. There's no fixed period. If, say, your son was given 8 points on his licence, the existing licence would cease to be valid but he could immediately apply for a new provisional licence and take another driving test.
Chris
Chris,
Thanks for that. Yes I have asked before, on Motoring!
The police didn't do any checks on the car and we aren't aware they measured the skid marks on the road. I thought they would have had to do this to provide evidence? There were 2 other cars with my stepson at the time of the accident, the police took the names and phone numbers of them but they haven't been contacted. My stepson hasn't been interviewed by the police yet, he had a written interview with the duty solicitor on the night then released and told to return on the 15th, what do you think will happen on that day?
Thanks for that. Yes I have asked before, on Motoring!
The police didn't do any checks on the car and we aren't aware they measured the skid marks on the road. I thought they would have had to do this to provide evidence? There were 2 other cars with my stepson at the time of the accident, the police took the names and phone numbers of them but they haven't been contacted. My stepson hasn't been interviewed by the police yet, he had a written interview with the duty solicitor on the night then released and told to return on the 15th, what do you think will happen on that day?
Thanks for the reply.
It's likely, but not certain, that your stepson will be interviewed on 15 March. (Even if he is interviewed, it's possible that his solicitor might suggest that he should simply present his written statement and answer "No comment" to everything that the police ask)..
It's also likely that your stepson might be re-bailed, without any charges being brought yet. (Such an action would occur if the CPS needed more time, or wished to hear your stepson's side of the story first, before deciding on the appropriate charge).
However, if the CPS believe that they already have enough evidence to determine the relevant charge, your son might be charged (and then bailed) on 15th March. If the police want to interview your son, they must do so before he's charged as the Police & Criminal Evidence Act bars them from questioning him after he's been charged.
Your son definitely needs a solicitor. (Perhaps he's engaged the services of the duty solicitor or one of his/her colleagues?). Solicitors often speak to the police, before attending with a client, to get an idea of what is likely to happen. If so, they're often in a position to say in advance (for example) "It'll just be a case of re-bailing you; you'll be in and out within half an hour" or "They'll interview you but I can tell you now that they've already decided to charge you with dangerous driving before you leave. You'll probably be there for several hours".
Chris
It's likely, but not certain, that your stepson will be interviewed on 15 March. (Even if he is interviewed, it's possible that his solicitor might suggest that he should simply present his written statement and answer "No comment" to everything that the police ask)..
It's also likely that your stepson might be re-bailed, without any charges being brought yet. (Such an action would occur if the CPS needed more time, or wished to hear your stepson's side of the story first, before deciding on the appropriate charge).
However, if the CPS believe that they already have enough evidence to determine the relevant charge, your son might be charged (and then bailed) on 15th March. If the police want to interview your son, they must do so before he's charged as the Police & Criminal Evidence Act bars them from questioning him after he's been charged.
Your son definitely needs a solicitor. (Perhaps he's engaged the services of the duty solicitor or one of his/her colleagues?). Solicitors often speak to the police, before attending with a client, to get an idea of what is likely to happen. If so, they're often in a position to say in advance (for example) "It'll just be a case of re-bailing you; you'll be in and out within half an hour" or "They'll interview you but I can tell you now that they've already decided to charge you with dangerous driving before you leave. You'll probably be there for several hours".
Chris
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