1) Fail to provide specimen - person in charge of vehicle (2) Drive motor vehicle when alcohol level above limit

Convicted Driver Insurance

Everywhere

Member
I need a bit of help and advice from someone who had a similar situation.

Few nights ago i went to a local pub. There i had some apple juice and some guiness.
I was just fine and about to leave when someone started a argument with me.
That person usually is a member of the bar but that night she was on her night off.
The bouncers kicked me out but they hold her side.

I went home in anger and i drunk a whole bottle of 15%abv wine straight away.

20-30 minutes later the police came to my door and arrested me on suspicion of drink driving.

Apparently the bouncers reported me for drink driving. Also mentioning that they tried to stop me but they never did.

I had only a short statement that " i left around 1.30am went home and drunk a bottle of wine. I mentioned to the officers who arrested me but they were not interested."

Not remembering well if they asked me to provide breathing sample as i said i am not on the car and clearly you can see me sat on the sofa in my own house.
Then by the time i got to the police station i was absolutely drunk from all that wine.
I Accepted to blow 2 readings 75 and 84.

Apart of the statement everything else was no comment.

I didn't addmited driving but only drinking home after leaving the pub.

Now i am on pre-charge for sample refuse ( even if i gave them 2 sample at the police station.)
And the drink driving.
Bailed on conditional discharge with a date to return to police station in 1 month.

Could they proove that i was over the limit when i left the pub ?
Could the bouncers statement can sustain their case as a witness?
Would they look for the pub cctv to watch me drinking every single sip ?
Also i got home just before 2am and they was at my door around 2:25am.

My credibility is not fantastic as i had a drink driving charge nearly 7 years ago.
 

topchippyles

Established Member
Everywhere said:
I need a bit of help and advice from someone who had a similar situation.

Few nights ago i went to a local pub. There i had some apple juice and some guiness.
I was just fine and about to leave when someone started a argument with me.
That person usually is a member of the bar but that night she was on her night off.
The bouncers kicked me out but they hold her side.

I went home in anger and i drunk a whole bottle of 15%abv wine straight away.

20-30 minutes later the police came to my door and arrested me on suspicion of drink driving.

Apparently the bouncers reported me for drink driving. Also mentioning that they tried to stop me but they never did.

I had only a short statement that " i left around 1.30am went home and drunk a bottle of wine. I mentioned to the officers who arrested me but they were not interested."

Not remembering well if they asked me to provide breathing sample as i said i am not on the car and clearly you can see me sat on the sofa in my own house.
Then by the time i got to the police station i was absolutely drunk from all that wine.
I Accepted to blow 2 readings 75 and 84.

Apart of the statement everything else was no comment.

I didn't addmited driving but only drinking home after leaving the pub.

Now i am on pre-charge for sample refuse ( even if i gave them 2 sample at the police station.)
And the drink driving.
Bailed on conditional discharge with a date to return to police station in 1 month.

Could they proove that i was over the limit when i left the pub ?
Could the bouncers statement can sustain their case as a witness?
Would they look for the pub cctv to watch me drinking every single sip ?
Also i got home just before 2am and they was at my door around 2:25am.

My credibility is not fantastic as i had a drink driving charge nearly 7 years ago.
Click to expand...
Seek legal advise you will need it. A lot of ifs and buts in your story an expert can break them down.
 

Everywhere

Member
topchippyles said:
Seek legal advise you will need it. A lot of ifs and buts in your story an expert can break them down.
Click to expand...
Thank you for your reply. Everything is very fresh and i am praying that they will not have enough evidence for a court case. As soon as it get's to monday i will start contacting some solicitors ASAP. P.S i can still feel that cell mattress on my hips.
 

Gggp

Active member
Everywhere said:
I need a bit of help and advice from someone who had a similar situation.

Few nights ago i went to a local pub. There i had some apple juice and some guiness.
I was just fine and about to leave when someone started a argument with me.
That person usually is a member of the bar but that night she was on her night off.
The bouncers kicked me out but they hold her side.

I went home in anger and i drunk a whole bottle of 15%abv wine straight away.

20-30 minutes later the police came to my door and arrested me on suspicion of drink driving.

Apparently the bouncers reported me for drink driving. Also mentioning that they tried to stop me but they never did.

I had only a short statement that " i left around 1.30am went home and drunk a bottle of wine. I mentioned to the officers who arrested me but they were not interested."

Not remembering well if they asked me to provide breathing sample as i said i am not on the car and clearly you can see me sat on the sofa in my own house.
Then by the time i got to the police station i was absolutely drunk from all that wine.
I Accepted to blow 2 readings 75 and 84.

Apart of the statement everything else was no comment.

I didn't addmited driving but only drinking home after leaving the pub.

Now i am on pre-charge for sample refuse ( even if i gave them 2 sample at the police station.)
And the drink driving.
Bailed on conditional discharge with a date to return to police station in 1 month.

Could they proove that i was over the limit when i left the pub ?
Could the bouncers statement can sustain their case as a witness?
Would they look for the pub cctv to watch me drinking every single sip ?
Also i got home just before 2am and they was at my door around 2:25am.

My credibility is not fantastic as i had a drink driving charge nearly 7 years ago.
Click to expand...
My “story” is very similar I was at home for nearly an hour before the police arrived.

I spent around £10k including fines I had a witness to say i wasn’t drunk when leaving and that I consumed most of the alcohol at home also had a toxicology that matched my story m.

I ended up with a longer ban and fine and wished I had been completely honest in The first place.

A toxicology must match up, it’s a very detailed document

There is no way a judge/magistrate will buy you drank a bottle of wine in 20 minutes.

I am not trying to unkind here I just wished I had saved myself the time and money, standing trial is also an awful experience.
 

Everywhere

Member
Gggp said:
My “story” is very similar I was at home for nearly an hour before the police arrived.

I spent around £10k including fines I had a witness to say i wasn’t drunk when leaving and that I consumed most of the alcohol at home also had a toxicology that matched my story m.

I ended up with a longer ban and fine and wished I had been completely honest in The first place.

A toxicology must match up, it’s a very detailed document

There is no way a judge/magistrate will buy you drank a bottle of wine in 20 minutes.

I am not trying to unkind here I just wished I had saved myself the time and money, standing trial is also an awful experience.
Click to expand...
Did u addmited driving on your first interview ?
 

topchippyles

Established Member
Gggp said:
My “story” is very similar I was at home for nearly an hour before the police arrived.

I spent around £10k including fines I had a witness to say i wasn’t drunk when leaving and that I consumed most of the alcohol at home also had a toxicology that matched my story m.

I ended up with a longer ban and fine and wished I had been completely honest in The first place.

A toxicology must match up, it’s a very detailed document

There is no way a judge/magistrate will buy you drank a bottle of wine in 20 minutes.

I am not trying to unkind here I just wished I had saved myself the time and money, standing trial is also an awful experience.
Click to expand...
It does sound far fetched when you read it first which is why i suggested legal advise.
 

Everywhere

Member
Tbh i drunk that bottle in 10min max i was really thirsty from the adrenaline and also from the vaping so i just down that bottle.
It was a sweet wine and it went all the way like juice. Not proud at all of that. Wish i never did but i am sure if i wasn't doing that i will not be in this situation now.
 

Gggp

Active member
Also given I have looked at this in detail, to give me a Reading of 89 I had to have a bottle of strong wine and 140 mls of vodka in a average 5foot 2 women so I am not sure how your toxicology report would look, again I am just trying to give you how detailed this all becomes.
 

Everywhere

Member
Considering that i did 2 breathing samples i wonder if they will consider the second one is higher. From my own oppinion the alcohol was raising. As i remember from first time when i had the course don't count 1st hour then take off 2 units every hour. Something like that. If they will check the pub cctv i would like to know how they will explain such a huge reading.
 

Gggp

Active member
Everywhere said:
Considering that i did 2 breathing samples i wonder if they will consider the second one is higher. From my own oppinion the alcohol was raising. As i remember from first time when i had the course don't count 1st hour then take off 2 units every hour. Something like that. If they will check the pub cctv i would like to know how they will explain such a huge reading.
Click to expand...
Only thing included in court was the lowest of the 2.

Get some quotes tomorrow and remember you will be sold a dream of getting off it but unfortunately it very rarely happens for me or anyone else on this forum, the burden of proof falls upon you.
 

Everywhere

Member
Am i hoping to get a fair play solicitor who at least will guide me to the easiest option. So far i am only on bail and pre-charge.
Atm i think they have to prove that i was driving.
 

stu12341234

Established Member
Everywhere said:
Am i hoping to get a fair play solicitor who at least will guide me to the easiest option. So far i am only on bail and pre-charge.
Atm i think they have to prove that i was driving.
Click to expand...
Hi,

If you truly are not guilty FIght it! If you are not sure then that is your decision to hold.

I wish you the best of luck, also you will get through it regardless.

Kind regards,




Stu
 

Everywhere

Member
I am just waiting for the next time i will face the police to find out if they will charge me or not. And about fighting the case and to prove that i drunk after is like p...ing against the wind. As much as i know that i really drunk after, as a reoffender i have 0 credibility.

I am a bit confused about one thing, i may refused when they came into my house to give breath sample but i did at the police station, is it normal to be still charged with refuse of sample ?
 
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