Perverting The Course Of Justice

[Theland]

On Xmas Eve, my son took his car to the pub intending to lock it up and collect it the next day.
After just one or two drinks, he remembers no more until he remembers standing outside having a smoke, the nothing again until he remembers standing by his wrecked car and Police on the scene.
My son was breathalysed and found to be under the limit. His so called friend had somehow got hold of the keys, and, at more than twice the drink drive limit, had taken the car and crashed it.
His friend claims that my son gave him the keys and also permission to drive it, with no license, insurance etc.
My son was arrested and later on breathalyser again, an even lower reading second time round.
My son believes his drink was spiked and remembers nothing. He does not know if he was in the car as a passenger or not, and is now charged with per earring the course of justice. The police did not get his urine or blood tested, and took his statement on Xmas day whilst he was still under the intoxicating influence of whatever substance he had ingested.
What will be the prosecution case against my son, to attempt to prove beyond reasonable doubt that he is guilty? He really was drugged.

[Peter Pedant]

Honestly the best advice on the facts you have given is to hire a lawyer.
Money I know... but it would be the best thing.

The lawyer's function is to persuade the magistrate your sons story is true


On legal principles your son should be acquitted on the facts as he was drugged and there was no knowledge and therefore no consent.
The real issue is the evidential one that your son doesnt know what happened and his so called friend can be relied on to lie.

good Luck,

The best you can hope for in reality is no conviction, no car and no insurance.

[jno]

were there any witnesses?

[Peter Pedant]

Zax unhelpful
I think the problem is that it was 5 months ago
and the kid looked on himself as a victim and not as a possible defendant in need of witnesses

[Theland]

Witnesses were the drunk driver, an acquaintance of the drunk driver, and an unknown girl who was also a passenger. No other witnesses.
Yes, much praying indeed. Thanks for that Zac.

[Theland]

Police say my son denies giving permission when they think he did. Police say my son denies being in the car, and they say he was. My son does not remember being in the car, let alone being involved in a collision. He cannot recall the events.

[jno]

no witnesses from the pub perhaps?

It seems slightly odd blacking out twice. Could you maybe ask a doctor if there is some pharmacological explanation for how this might happen?

I think PP is right, you need a proper lawyer for this. Good luck.

[Theland]

We are going to make an appointment with a solicitor but it would be useful to point him in the right direction.

[Theland]

My son is not alleging anything. The simple truth is that after just one, possibly two drinks, he remembers nothing.

[naomi24]

If your son was breathalysed he must have been at the scene of the crash - and therefore he must have been in the car - or am I misunderstanding something?

[Theland]

Does perverting the course of justice imply conscious intent to do so?

[naomi24]

I would have thought it implies a deliberate act.

[Theland]

He thought he had begun to walk home, and came upon the scene.

[naomi24]

Theland, sorry, but it sounds 'iffy' to me.

[boxtops]

He should speak to the people in the pub (if they can remember after all this time), to ask if they can remember when he left, who with, and how he seemed at the time. They could be essential witnesses to the circumstances. Anyone else on the car park at the time your son's car left the car park?

This should have been done months ago, as soon as he was aware of all this.

[Theland]

Indeed. But my son is disabled, and it is a Motability car. He never ever let's anybody drive it as it is so important and central to his life. He needed it to start a new job on Jan6th and that made his car even more important to him. Naturally he lost the job and is now faced with this trouble.
Why would a sober man hand over his keys to somebody twice over the limit with no license etc? It doesn't make sense.