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kangaroomouse
Hey everyone, im in a tough situation at the moment. My younger brother (17) was caught by a speed gun driving my car at 81mph within a 30mph limit (ridiculous I know). Not wanting to get arrested (for not having a driving license) he gave my details. Last week a court summons was recieved in my name with the alleged offence of me speeding. How do I go about this and what will happen to my brother if I tell the court he was driving and I wasnt?

Thanks in advance guys!
spanner345
Several possibilities

1.Go to court take the penalty, likely ban, fine and several months in prison for perverting the course of justice. Don't drop the soap.

2. If very lucky just a large fine and a ban.

3. Do what's right, your brother cops it in a big way. He was to blame, so this sounds right!
bama
at least one of you is in deep doo doo.
don't make it both of you and don't make the doo doo any deeper.

and hide the car keys from your brother.
kangaroomouse
sad.gif This is bad. Im 20 myself and had my license myself for less than 2 years. I shouldnt take the blame but I dont want my brother to get in to deep trouble although thats going to happen. Do you know what would happen to my brother?
Bluedart
QUOTE (kangaroomouse @ Tue, 13 Jan 2009 - 10:08) *
Hey everyone, im in a tough situation at the moment. My younger brother (17) was caught by a speed gun driving my car at 81mph within a 30mph limit (ridiculous I know). Not wanting to get arrested (for not having a driving license) he gave my details. Last week a court summons was recieved in my name with the alleged offence of me speeding. How do I go about this and what will happen to my brother if I tell the court he was driving and I wasnt?

Thanks in advance guys!



Perjury is a very serious offence. DON'T GO THERE! take it on the chin. With a good lawyer and there are plenty looking in and contributing to this site, a guilty plea with mitigation may not be as bad as you think.
kangaroomouse
Arghhhh this is sounding really bad now. If I accept a guilty plea with mitigation + the fact ive had my licence less for less than two years what would I be looking at?
spanner345
If you take the rap for your brother, you will probably go to prison. Probably, so will he.

If you do the right thing, your brother cops it, you don't
bama
if found out - perjury and or PCoJ and jail time. (plus the driving offenses).

Its your brother than needs the solicitor, you are not guilty of anything - yet !.
Fredd
QUOTE (kangaroomouse @ Tue, 13 Jan 2009 - 10:44) *
Arghhhh this is sounding really bad now. If I accept a guilty plea with mitigation + the fact ive had my licence less for less than two years what would I be looking at?

Best case at a guess a shortish ban and hefty fine. Even if they just gave you 6 points and a fine, you'd still have your licence revoked and have to resit the practical and theory tests.

However if at any stage they realise what you're doing, then a good chance of a spell inside for you and your brother. And a ban for when you get out.

You must be insane to even be considering going down this route.
Just_Me
I honestly think you need to tell the truth and be as honest as you can. You weren't driving so you don't deserve a possible ban and a huge fine. Also as you know, 6 points within two years of passing your test, it's goodbye licence and hello test centre.

Don't lie to cover your Brother, it will only get you into massive trouble if found out.

Just my opinion anyways, this site has helped me enough, so it's my turn to help someone else.

Dan
Lynnzer
Hey, you're brother deemed you as being so unimportant to him that he was prepared to see you take a hit for his stupidness.
Brotherly love is not apparent from him.
This is a real no brainer. he has to be either go to the police and admit his part in this to get the offence dropped against you, or you go to court and tell them there yourself..
Better he does the right thing upfront but I'm betting he won't.
spanner345
Was your brother driving with your consent?
bluegolfboy
Your brother obviously sh*t himself and somehow managed to worm a way out.

I personally would blame the Police for not doing their job properly. They have been soooo obsessed with the speeding side of the offence that they have missed the more important side of the offence, JUSTICE.

Where this goes is entirely up to you. PtCoJ or Perjury and extreme offences with jail time an almost cert.

What have you been summonsed for? 81mph in a 30 must surely be a far greater charge than simply speeding.
kangaroomouse
This is going horrible, bluegolfboy, its a summons for speeding at 81mph in a 30mph zone. Everyones saying prison which isnt a word i want to hear sad.gif

QUOTE (spanner345 @ Tue, 13 Jan 2009 - 10:56) *
Was your brother driving with your consent?



It was with my consent, such a stupid thing to do i know sad.gif
Lynnzer
Can't be arsed with posting anymore on this. You know what you have to do, just get on and do it.
End of input
spanner345
QUOTE (Lynnzer @ Tue, 13 Jan 2009 - 11:19) *
Can't be arsed with posting anymore on this. You know what you have to do, just get on and do it.
End of input

Bang on!
douglasb
Prison is only being mentioned for Perjury or Perverting the Course of Justice. If your brother comes clean and now admits to the police that it was him that was speeding and not you then the police may just decide to charge him with speeding and not bother with his decepetion. They will then no doubt also charge him for driving without a licence and without insurance. This will result in a fine and a ban but will not involve prison.

You were squeaky clean on this until you mentioned that your brother was driving with your permission. You could find yourself charged with permitting your brother to drive without a licence and without insurance. Again, this doesn't end up in jail (Don't know if a ban is an option for this but a fine and points are certain).

If you and your brother tell the truth, these are the worst consequences. If you say that you were driving when it was your brother and this is then discovered, that's when you are both looking at jail.
The Rookie
Tell the truth, let him take the rap.

81 in a 30 is not prison, liiing to cover his stupid 4r5e is!

I would add the following

If you permitted him to drive and have known about this for a while, you could already be in the doo doo, first rule of holes applies, when your in one, stop digging.

I would strongly suggest informing the Police NOW that you weren't driving, tell them the whole and full story (first rule of holes again!), then plead not guilty in court (you weren't driving) and get your brother to be a man and do the right thing.

Simon
bluegolfboy
Erm...

God. Not an easy one.

I honestly cannot believe that it is simply a speeding charge at 81mph in a 30mph zone. Is this a genuine post? biggrin.gif

I'll assume it is a genuine post.

You will need to have some mighty fine mitigation in order to get yourself out of that one in one piece. So far YOU haven't lied to anyone but your brother HAS. He would most likely be charged with PtCoJ as well as the licence and insurance bit.

The speed itself would probably hang most people but the fact he didn't have a licence will make it worse. If there is only a charge of speeding at the moment you can be sure as hell definite the posts will change once the Police and CPS know the complete details.

This is a very unfortunate situation and one that I experience all to often myself at the moment. I know of MANY MANY individuals who do not have licences and drive on the roads. They do this as the chances of being caught are very slim but they sure keep it discreet!!! 81mph in a 30mph is just begging to be stopped!

I am assuming your brother is of the same mentality as the people I know. The car is insured, taxed, MoT'd and there is a driver with a licence named against the car. It's then very easy to simply memorise the DoB, Name, Place of Birth and all the other 'simple' details and just jump in and drive away... The main problem is that there simply aren't enough Police on the roads and even the ones that are seem to fail in the most basic Police work. I am not implying this excuses your current circumstances but I imagine that there are a lot of cases not too dissimilar to your own but in those cases the SPEED was more suitable and hence the issue you are facing was swept under the carpet...





kangaroomouse
Hey thanks for all the replies everyone. I know my brother was in the wrong but so was I for knowing he was driving in my name. Im the older and at the end of the day im the one that let him. If I go to the summons or even accept the guilty plea beforehand by post id get banned and lose my license, they already think its me anyhow. Its that vs my brother getting a criminal record which I dont want at all. This is so frustrating. Id lose my license, how long would the added ban be? sad.gif
douglasb
The ban would probably be over by the time you got out of prison.

Have you been listening to anything that's been said about perjury?
bama
long - did you use post #2 at all ?

As said above you must be mad to consider going down this route. Jail time for both of you beckons.

I am also pulling out of this thread now.
The Rookie
Advice given, I have no intention of being part of a conspiracy to pervert as that carries a MANDATORY jail term, I'm out as well.

Simon
kangaroomouse
Sorry guys, thanks for all the help, i hope this works out for the best
slowerdriver
I'd request this thread to be pulled except that might comprise destruction of evidence.

kmous - if you are genuine - tell your brother he must come clean, or you will. That's the best course open to either of you now.
Adept
on a footnote
you will still likely get your licence revoked for knowingly letting somebody drive your car that isnt insured
carrys a 6 point penalty for you both
glasgow_bhoy
ur bro must take the penalty for this one- he deserves the punishment whereas you certainly dont

however if they know you knew he was driving it then the will do you for allowing him to drive

the_devil
If you take the rap for this, there is a very strong chance that at some point in the future your brother will feel that he got away with this, and will do it again. The next time he may not be so lucky, and could kill himself or kill or seriously injure some innocent person.

I passed my test at 17, and thought that I could drive. At 20, I thought that I was a better driver. Now being a lot older, I realise that I was lucky to get away with a lot at both ages. I'm not yet a boring old fart who tows a caravan; my current car apparently is speed limited at 155mph - I don't know if this is true or not. What I do know is that it does 85 in 2nd and at 110 in 3rd its still nowhere near the red line, with a couple of gears still to go. I also know where I can do these speeds in relative safety.

The reason for this tedious personal description is that you are young, and he is younger. You've unfortunately now got a couple of days to aquire about 20 years of maturity and experience of life. I'm sorry if this sounds patronising - it isn't meant to be, and I do feel for you in your predicament.
kangaroomouse
Thanks guys for all the help, student loan came today so sat down and found a lawyer, i didnt realise it would cost so much. Hopefully he can help me and my bro with the least punishment.
bluegolfboy
You in England or Scotland?
Glacier2
Do the right thing.
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