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Retracting a police statement

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mfcfan | 12:35 Tue 17th Feb 2009 | Criminal
3 Answers
I need some advice.

Recently my brother went out drink driving. He crashed (no other party involved) left the bike and went home. The police turned up a few hours later and my mum let them in and explained what had happened and that he went out drink driving (in a statement). They arrested him there and then and took him to the station took a breath sample ect. and charged him. His story is different from hers. He has stated he wasnt drunk and got drunk after crashing which may be true. (brother has a drink problem). My mum now wants to retract her statement but is unsure of the implications to her. Can any charge be bought against her ect. How does she go about it if this is possible.
Thanks for your help
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Your mother would risk being charged with attempting to pervert the course of justice. That's a very serious charge which nearly always leads, upon conviction, to a lengthy prison sentence.

Chris
Correct, as Buenchico says, and also your brother should face the fact that magistrates have heard all this stuff about being under the limit when driving but getting drunk afterwards before ! It is odds-on that the figures will show that he must have been over at the time of driving whatever he claims to have drunk afterwards.If he wants to fight this he's not thinking straight.Your mother knows and so does he know what the truth is.

Just suppose that, has he'd , presumably, feel bound to do, he calls your mother as a witness to support his case. First thing that happens in cross-examination is she shown her original statement to police and asked whether she's lying now in court or was lying then when she made the statement, because the accounts can't both be true.And what do you think the court makes of that?You've guessed it. And as a bonus, your brother and your mother will be seen as liars, and you brother will have disgusted the magistrates by dragging his mother in to lie on his behalf. And do you think they'll be lenient if that happens?Let your brother work it out.
Legaly I don't know but if your brother has a drink problem then I would let him take the rap. That way he may realise this and get the proper welp he needs.

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Retracting a police statement

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