Plod asking for accident statement 5 weeks later, oppinions?
Discussion
My younger brother was involved in an accident over 5 weeks ago, infact, he rolled his mini on the way out of his school. Terribly irrisonsible I know, but we've all been young and, frankly clueless at one point (fortunitely for me I got all the rolling out of the way on an old quad bike, you only do that once...)
But to the point, he gave a statement to the cumbrian police at the time, and just today (5 weeks later) they have arrived at his school demanding that he is to go to the police station and give a statment regarding the accident which they are terming as a 'collision' as he hit a hedge, whilst upside down.
He actually has an outstanding speeding offence on the M74, broad day light between Gretna and Lockerbie (notorious for being one of the worst parts of the britsh motorway networks to speed on, refer back to 'clueless' statment), in which it's looking like he might get off with due to the manner of which his speed was recoded. They do seem to be using a lot of intimiodation tactics with him so far.
But once again, back to the point, whats the general concensus? Does he have a leg to stand on with this statement, I feel asthough him going allong will be seen as admitance of the accident being a 'collision' and will re-open the incident as a case for investiagion under their new stance thus opening it upto numerous charges which weren't put on it during the traffic collision officers investigation of the scene. Is refusing to give the statemnt as it's a closed issue and option?
I hope as ph'ers you're all ever sp slightly understanding of the young lad.
much appretaited
But to the point, he gave a statement to the cumbrian police at the time, and just today (5 weeks later) they have arrived at his school demanding that he is to go to the police station and give a statment regarding the accident which they are terming as a 'collision' as he hit a hedge, whilst upside down.
He actually has an outstanding speeding offence on the M74, broad day light between Gretna and Lockerbie (notorious for being one of the worst parts of the britsh motorway networks to speed on, refer back to 'clueless' statment), in which it's looking like he might get off with due to the manner of which his speed was recoded. They do seem to be using a lot of intimiodation tactics with him so far.
But once again, back to the point, whats the general concensus? Does he have a leg to stand on with this statement, I feel asthough him going allong will be seen as admitance of the accident being a 'collision' and will re-open the incident as a case for investiagion under their new stance thus opening it upto numerous charges which weren't put on it during the traffic collision officers investigation of the scene. Is refusing to give the statemnt as it's a closed issue and option?
I hope as ph'ers you're all ever sp slightly understanding of the young lad.
much appretaited
Edited by ThePurpleBeemer on Monday 19th January 21:59
In approximate terms, your brother will sing like a canary and his confesstion will be used as evidence against him (but you've sussed this anyway, right?) 
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Advice upthread to consult the duty solicitor pre-interview then have him/her sat with your brother during the interview is the best advice to get through this stage at no cost except time. Keeping quiet in the appropriate manner, giving nothing away, seems to be the way to try to avoid a prosecution I would suggest
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.Advice upthread to consult the duty solicitor pre-interview then have him/her sat with your brother during the interview is the best advice to get through this stage at no cost except time. Keeping quiet in the appropriate manner, giving nothing away, seems to be the way to try to avoid a prosecution I would suggest
.ThePurpleBeemer said:
Terribly irrisonsible I know,
ThePurpleBeemer said:
he might get off with die to a manner of which his speed was recoded. They do seem to be using a lot of intimiodation tacktics with him so far.
ThePurpleBeemer said:
I feel asthough him going allong will be seen as admitance of the accident being a 'collision' and will re-open the incident as a case for investiagion
Did you go to the same school your brother is attending?randlemarcus said:
Closed? Nope, sorry.
Best advice seems to be either lawyer up in advance, or if funds do not allow, duty solicitor when you get there. Especially if they have linked the two incidents (and they have).
The police are busy - this will not be a friendly chat over a cuppa.
yea thats what I thought :s the speeding is still an unconcluded case thought, can they use an unconcluded offence as part of their case?Best advice seems to be either lawyer up in advance, or if funds do not allow, duty solicitor when you get there. Especially if they have linked the two incidents (and they have).
The police are busy - this will not be a friendly chat over a cuppa.
He's pretty much on first name terms with, the particualar lawyer who covered a few high profile scottish footballers cases (not giving names, or exact dates on here, plod loves looking at these pages) eitherway this isn't going to be cheap I'd of thought :s
aw51 121565 said:
In approximate terms, your brother will sing like a canary and his confesstion will be used as evidence against him (but you've sussed this anyway, right?) .
Advice upthread to consult the duty solicitor pre-interview then have him/her sat with your brother during the interview is the best advice to get through this stage at no cost except time. Keeping quiet in the appropriate manner, giving nothing away, seems to be the way to try to avoid a prosecution I would suggest .
yea sussed that!, I remember many a time being in cars with my friends watching them falling into a trap of leading questions and going completely mental at them as soon as the window was rolled back up. "Why were you breaking after the 30 sign son", "oh I'm sorry, I was only doing 40" is one that still makes me hold my head in my hands!. He's actually quite switched onto a lot of their leading questions, and good at giving nothing answers but, they will obviousely be putting him under a lot of pressure in there, which no doubt will be the purpose of the whole thing. But yea, I'l defintely be passing on your advice about the duty solicitior! .Advice upthread to consult the duty solicitor pre-interview then have him/her sat with your brother during the interview is the best advice to get through this stage at no cost except time. Keeping quiet in the appropriate manner, giving nothing away, seems to be the way to try to avoid a prosecution I would suggest
.thanks
Mopar440 said:
ThePurpleBeemer said:
Terribly irrisonsible I know,
ThePurpleBeemer said:
he might get off with die to a manner of which his speed was recoded. They do seem to be using a lot of intimiodation tacktics with him so far.
ThePurpleBeemer said:
I feel asthough him going allong will be seen as admitance of the accident being a 'collision' and will re-open the incident as a case for investiagion
Did you go to the same school your brother is attending?
ThePurpleBeemer said:
yea thats what I thought :s the speeding is still an unconcluded case thought, can they use an unconcluded offence as part of their case?
No, they can't use a motorway speeding offence as evidence in a (presumably) dangerous driving case some time apart. They've clearly got his card marked as a big of a muppet, which - you have to admit - sounds fairly accurate. I guess they're hoping to put the fear of god up him before somebody gets in his way.Am I the only one that has no clue what this is all about?
I have read the OP a few times now, and can work out that 1) lad crashed into a hedge 2) lad was previously caught speeding. 3) people have already jumped on the "lawyer up", "say nothing", "they're out to get you" bandwagon.
The almost unreadable post doesn't help, but even so, I'm struggling.
I have read the OP a few times now, and can work out that 1) lad crashed into a hedge 2) lad was previously caught speeding. 3) people have already jumped on the "lawyer up", "say nothing", "they're out to get you" bandwagon.
The almost unreadable post doesn't help, but even so, I'm struggling.
randlemarcus said:
Closed? Nope, sorry.
Best advice seems to be either lawyer up in advance, or if funds do not allow, duty solicitor when you get there. Especially if they have linked the two incidents (and they have).
The police are busy - this will not be a friendly chat over a cuppa.
Poor advice and a misunderstanding of how police station cases are funded (by the state). It's not only the duty solicitor who gives free legal advice - you can choose your own solicitor and if his firm has a legal aid franchise then police station advice is free of charge and not means tested. At least in England. I'm guessing OP is in Scotland, which has a completely different legal system. Best advice seems to be either lawyer up in advance, or if funds do not allow, duty solicitor when you get there. Especially if they have linked the two incidents (and they have).
The police are busy - this will not be a friendly chat over a cuppa.
Mk3Spitfire said:
Am I the only one that has no clue what this is all about?
I have read the OP a few times now, and can work out that 1) lad crashed into a hedge 2) lad was previously caught speeding. 3) people have already jumped on the "lawyer up", "say nothing", "they're out to get you" bandwagon.
The almost unreadable post doesn't help, but even so, I'm struggling.
It's written in Scottish. Run it through Google Translate.I have read the OP a few times now, and can work out that 1) lad crashed into a hedge 2) lad was previously caught speeding. 3) people have already jumped on the "lawyer up", "say nothing", "they're out to get you" bandwagon.
The almost unreadable post doesn't help, but even so, I'm struggling.
agtlaw said:
Poor advice and a misunderstanding of how police station cases are funded (by the state). It's not only the duty solicitor who gives free legal advice - you can choose your own solicitor and if his firm has a legal aid franchise then police station advice is free of charge and not means tested. At least in England. I'm guessing OP is in Scotland, which has a completely different legal system.
I didn't know that, so thank you for correcting me (not sarcastic) Out of interest, is that means-tested, or available to anyone?
Mk3Spitfire said:
Am I the only one that has no clue what this is all about?
I have read the OP a few times now, and can work out that 1) lad crashed into a hedge 2) lad was previously caught speeding. 3) people have already jumped on the "lawyer up", "say nothing", "they're out to get you" bandwagon.
The almost unreadable post doesn't help, but even so, I'm struggling.
Correct me if I'm wrong sir but I believe you're only here for the purpose of trolling us.I have read the OP a few times now, and can work out that 1) lad crashed into a hedge 2) lad was previously caught speeding. 3) people have already jumped on the "lawyer up", "say nothing", "they're out to get you" bandwagon.
The almost unreadable post doesn't help, but even so, I'm struggling.
I'm guessing you're an, proabbly ex, policeman. Judging by the mk3 spitfire, proabbly, say late 50s and you bought the spitfire becuase it provokes younger memories, and it's 'fun to drive slowly'. As your daily is a 59 plate bmw 3 series. I'm going to guess, recently retired and the 3 was passed onto you from the force as somewhat of a retirement gift at the tax payers expence. You read through all the ph police posts, as you have a lingering sense of there being "them and an us" in regards to your side of the law as confirmed by your post history where you seem to pick out these sort posts implying a sort of 'vunerability'. Which I can only assume is becuase you still get a strange satisfaction, if not I dare say sense of purpose, out of using the law and the tricks you learned for the purpose of intimiation of people whom you presumably are looking down on as they are in a vunerable postion regarding the law.
ThePurpleBeemer said:
Correct me if I'm wrong sir but I believe you're only here for the purpose of trolling us.
I'm guessing you're an, proabbly ex, policeman. Judging by the mk3 spitfire, proabbly, say late 50s and you bought the spitfire becuase it provokes younger memories, and it's 'fun to drive slowly'. As your daily is a 59 plate bmw 3 series. I'm going to guess, recently retired and the 3 was passed onto you from the force as somewhat of a retirement gift at the tax payers expence. You read through all the ph police posts, as you have a lingering sense of there being "them and an us" in regards to your side of the law as confirmed by your post history where you seem to pick out these sort posts implying a sort of 'vunerability'. Which I can only assume is becuase you still get a strange satisfaction, if not I dare say sense of purpose, out of using the law and the tricks you learned for the purpose of intimiation of people whom you presumably are looking down on as they are in a vunerable postion regarding the law.
YesI'm guessing you're an, proabbly ex, policeman. Judging by the mk3 spitfire, proabbly, say late 50s and you bought the spitfire becuase it provokes younger memories, and it's 'fun to drive slowly'. As your daily is a 59 plate bmw 3 series. I'm going to guess, recently retired and the 3 was passed onto you from the force as somewhat of a retirement gift at the tax payers expence. You read through all the ph police posts, as you have a lingering sense of there being "them and an us" in regards to your side of the law as confirmed by your post history where you seem to pick out these sort posts implying a sort of 'vunerability'. Which I can only assume is becuase you still get a strange satisfaction, if not I dare say sense of purpose, out of using the law and the tricks you learned for the purpose of intimiation of people whom you presumably are looking down on as they are in a vunerable postion regarding the law.
glasgowrob said:
Having seen the pictures of said mini upside down in school grounds assuming there isn't 2 complete ends having done this at the tail end of last year up here please for the sake of humanity castrate your brother and burn his driving licence
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