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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My 17 year old son was the driver involved in a traffic accident

Customer Question

My 17 year old son was the driver involved in a traffic accident Dec 2015. He was tested for alcohol only at the scene and blew 0.00. He was not tested for drugs. He has now been requested by a detective to present himself with an adult to a police station for D&A testing and finger prints. Does he have to give D&A test and fingerprints now, or can he wait to be summoned to court? He is being charged with dangerous driving causing GBH x 2.
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.My understanding is no unless there is a court order he does not have to provide DNA or drug testing. If the police want him to give DNA and take a drug test then they should be getting a court order. I assume that they attended the accident on the day it occurred?
Customer: replied 5 months ago.
Yes they attended and he gave a statement at the scene. He later also went in to provide a video statement.
Expert:  Leon replied 5 months ago.
Good AfternoonHe should wait until the court date. I cannot see any reason for the DNA or fingerprints being given. They have ti substantiate their request and let them do that in court.I would strongly suggest that your son be legally represented. They are serious charges. The charges hold a jail term.
Customer: replied 5 months ago.
Thank you Leon. I engaged a criminal lawyer in Perth who told me don't do anything, and don't contact me until they press charges. I emailed him on Thurs after the request to come in. He has read my email but not responded.
Expert:  Leon replied 5 months ago.
Good MorningOnly once you get the court summons do you need to do anything, He should not speak to the police any more he has already given a statement and that is enough. The police will say the more he tells them the better, that is not the case because it can be used against him in court. He should not say anything more.Just let the police know that you are not brining him in. If the Solicitor does not do anything when you get the court papers you should look for another and the law society of WA can refer you. https://www.lawsocietywa.asn.auI hope this all makes sense?

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