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F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 9319
Experience:  30 years in General Practice
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I was involved in an rta, my brother was driving I was the

Customer Question

i was involved in an rta, my brother was driving I was the passenger, no other vehicle was involved we were both arrested and taken to jail, my brother denied driving because was twice the legal limit I knew nothing of this until was interviewed, I was very much over the legal limit aswell, we were both let out on bail, however I am emigrating to Australia on the 31st jan which has been booked for months, I was told I have to appear on a bail hearing on the 12th feb, my brother has since written a letter of confession but as yet has not handed it to the police he wants to try and fight, where do I satnd with my emmigration
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: i am a permanent resident of oz
JA: Has anything been filed or reported?
Customer: yes but no charges were given just bail
JA: Anything else you want the lawyer to know before I connect you?
Customer: mainly where i stand with leaving the country
Submitted: 6 months ago.
Category: UK Law
Expert:  F E Smith replied 6 months ago.

Bearing in mind that your brother committed the offence and you know that he committed the offence, why has he not simply told the police that and what is it that he wants to try and fight?

He admits it, so he has no defence and driving over the alcohol limit, there is very little that anyone can put forward in mitigation

Customer: replied 6 months ago.
When the police turned up he was not in the car no one saw him driving, i was taken home with shock and when the police brought Darren into the house i was drinking we were both breathalysed in the house not at the scene, how ill all of this affect me leaving the country
Expert:  F E Smith replied 6 months ago.

At present, you are on bail. If you failed to surrender bail then there would be a warrant for your arrest and when you eventually return to the country, you would be arrested, probably at border control and prosecuted. Failing to surrender to bail carries a maximum three month prison sentence.

I’m afraid that unless your brother admits to this, it’s going to cause major problems for you if you do not delay your trip .

I’m sorry, I know it’s not the answer you wanted.

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Best wishes.

FES.