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over the limit on provisional


New member
M 20 yr old student son and his friend were attacked in a pub on Sunday night and called the police becuase the friend was concussed. the police arrived 30 minutes later and advised them to go home. The friend was dazed and shocked and asked my son to move his car from a yellow line to a spot 100 metres away. My son stupidly agreed to do so and nicked a parked car in the process. the police who had attended them previously saw the incident and breathalised my son who was over the limit (44) I think he said. He has been bailed to return on 20th July for his blood test results etc. My son only has a provisional licence but his friend who is 23 yrs old does a full licence and insurance.

I am worried sick and wondered if you could answer a couple of questions. Is my son, a student with no income, entitled to legal aid and should we get a solicitor on board now? My son lives in London but the incident happened in Manchester. should we get a solicitor in London or Manchester? Finally what is the likely outcome at court going to be in your experience? We know he'll be banned but what else may happen? Thank you so much for reading this

Your son may be eligible for legal aid if he passes the income test and the merits test. The merits test is based on a number of factors including whether or not there is a point of law in your son's case.

If the offence alleged took place in Manchester then he is advised to appoint a lawyer in Manchester. If he was able to secure public funding only a local legal aid lawyer will act for your son due to what may be claimed back.

We are able to represent your son on a privately paying basis. However, if your son would rather appoint a legal aid lawyer then he could approach our legal aid department. If your son was prepared to fund his case privately he would be represented by an expert motoring lawyer, who would look for whethere there were any loopholes and/or technicalities in the police procedure used. If your son appointed a legal aid lawyer they would be general criminal law practicioners and would not have the same level of expertise as ourselves.

I hope that this helps.


New member
Thank you very much for getting back to me. My son is in the middle of an exam. When he's finished, I'll talk to him about the best way forward.