new driver / driving conviction coming but going to emigrate

[Algarve]

I'm not sure what options I have on the table here. I live in Portugal, my family are all UK based for now.

I've got a teenage relative in UK who passed his test a year ago. He's been reported by the police for some driving offence that I believe will trigger the 6 points / need to resit, if not an outright ban. I'm not sure on timescale of how long this will all take to play out.

We've been talking about him maybe coming out here to live and work because of Covid. He's almost certainly going to lose his job because of Virus related issues. He needs to drive for that job anyway so would lose it with a resit/ban.

What would happen if he did move out of the country in the meantime, and trade his license in for a Portuguese one? I can't realistically have him out here to live without an ability to drive, I live in the middle of nowhere.

If he changed to Portuguese license, moved to Portugal... when a UK court case comes up at some point down the line what could happen to him? If he's living here it would be pretty much irrelevant if he was banned in UK.

Am I right in thinking he could effectively avoid any real punishment here by going ahead and properly moving out here, fly back for a court date and let them ban him in UK, then continue to drive here on his new Portuguese license?

[jondude]

Others can confirm but I believe it all depends on whether or not the police want it taken to court. If the offence is deemed serious enough, they can and will even in his absence and then a judgement is held against your boy - if he comes back and a check is ever run, he is in trouble.

However, if he is willing to swear he never received any papers (which he won't if you do not give the address) then the police have to reconsider and start proceedings again.

All a bit stressful.

I would suggest telling the police the boy is leaving and give the new address for contact.You may (may)not hear anything and then you have at least stuck to your duties re the law.

I did this when leaving the UK for NZ and awaiting a SP30 (speeding ticket).

I never heard from them again but this was a basic speed ticket.

[Algarve]

im not suggesting he should avoid going to court - I definitely wouldn't want him to do that. I assume any sort of court documents will in time arrive at his mums, and he/we will have access to those.

I'm saying what happens if he turns up at court to see a judge who thought he could give him a resit or a ban, to find out he's left the country, got a drivers license in his new country, and back in UK for 3 days solely for court.

[agtlaw]

If proceedings are commenced using the Single Justice Procedure then not likely required to attend court in person. Statistically very unlikely to see a judge in a magistrates’ court. Licence not license.

[Algarve]

I'm not sure what, if anything has been commenced. He was told at the scene he's been reported for a driving offence. I don't believe he was arrested or taken to the police station but don't know for sure. Nothing received in the post since, to the best of my knowledge.

I don't want him to do anything that would risk being arrested at the airport but I also need him to avoid a resit/ban or moving country becomes unviable, and opens up a whole host of other personal issues.

edit - in case this matters, it's Scotland.

[agtlaw]

Ok, I don't know anything about Scotland. That's a very important bit of info you should have mentioned in your opening post.

[Algarve]

Yeah sorry, I realised that with hindsight then edited it in.

Time for an hours paid advice I suppose before I do or suggest anything and potentially make it worse.

[Algarve]

anonymous said:

[redacted]

Ah yes, the old expat drink driving loophole Pretty common out here to get done on the way home from the pub, they take your id for 3-4 months and you 'lose' it and the DVLA will issue another.

I'm not looking for him to commit any further crimes. Just play the system to our advantage.

[djohnson]

Hi. I’d think the the declaration he’d need to make to swap his UK licence for a Portuguese one would include any pending convictions and hence if he wants a straight licence swap he’d either have to obtain his Portuguese licence through deception or make them aware of the pending issue in the UK. However does it matter? My understanding is that if he doesn’t have a full UK licence to swap for a Portuguese one (or indeed if someone is disqualified in the UK) that doesn’t necessarily disqualify him from holding a Portuguese licence, it just means he can’t make the swap and avoid a driving test, hence isn’t the worst case that he needs to take a Portuguese driving test?

[Algarve]

djohnson said:

Hi. I’d think the the declaration he’d need to make to swap his UK licence for a Portuguese one would include any pending convictions and hence if he wants a straight licence swap he’d either have to obtain his Portuguese licence through deception or make them aware of the pending issue in the UK.

I don't think they ask, I'd need to check.

djohnson said:

However does it matter? My understanding is that if he doesn’t have a full UK licence to swap for a Portuguese one (or indeed if someone is disqualified in the UK) that doesn’t necessarily disqualify him from holding a Portuguese licence, it just means he can’t make the swap and avoid a driving test, hence isn’t the worst case that he needs to take a Portuguese driving test?

Taking the test here would be time consuming, expensive and a logistical nightmare. You need to take a minimum number of lessons with a proper instructor (no L plates and your dad/uncle/neighbour as instructor here) and you need to pay extra if you want to take any tests in English. If we were going to go down that route we might be better gambling on a resit rather than a ban in UK, doing the resit in UK and then coming here.

It was already a slow process here but there's now a corona backlog making it even worse.