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

Convicted Driver Insurance
stu12341234 said:
Hi,

Good point. If I were you I would go back the same bar and politely ask them to make a statement on your behalf with camera footage.

If you did no wrong, Fight it!

Kind regards,




Stu
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I am not alloud to go to that bar and interfere with witnesses, this is one of the bail condition.

They have no cctv outside and for this reason their only prove that i drove that car are the bouncers who i am not sure if they will come to do statements or go to court for them.

As i said they came to my house 30 min later.
Is true that they considering me a re offender but i am still entitled to play the flask defence if they will be able to prove that i drove.

Until then i am still doing my research and trying to find similar cases who won or lost their fight.
 
I have few days left until i have to return to the police station to find out the outcome, very stressful time, 1 month gone already, been sober every single day since. I feel like if i have a drink i need to go in the next city and leave the car and keys at home and no return until i proper sober up.

Had a chat with a solicitor, been advise to go on a not guilty case as even if i lose the case i can apply for the time to be reduce to 2 years in court.

I am still hoping that they will just drop the charges.
 
Everywhere said:
I have few days left until i have to return to the police station to find out the outcome, very stressful time, 1 month gone already, been sober every single day since. I feel like if i have a drink i need to go in the next city and leave the car and keys at home and no return until i proper sober up.

Had a chat with a solicitor, been advise to go on a not guilty case as even if i lose the case i can apply for the time to be reduce to 2 years in court.

I am still hoping that they will just drop the charges.
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Hi,

If you are truly not guilty fight it, I wanted to give up because of the grey cloud over my head.

But I had support and I won, it is not easy but can be possible.

If you are honest with your self first and foremost, base you decision of that.

Kind regards,




Stu
 
stu12341234 said:
Hi,

If you are truly not guilty fight it, I wanted to give up because of the grey cloud over my head.

But I had support and I won, it is not easy but can be possible.

If you are honest with your self first and foremost, base you decision of that.

Kind regards,




Stu
Click to expand...
This is what i was trying to say, but when you been charged once with DD and the circumstances are not on your side no one belives you, especially the police.

I knew there was people who will try to get me into trouble at that pub as i said some of their staff was trying to fight me.
The fact that i wasn't there for a night out and mainly to talk with someone is one aspect.

The post drinking is hard to prove when u a reoffender. Very hard i will say.
I could never imagine they can charge you from your own home while sat on the sofa, otherwise i will not even think of drinking at home at that point...
I knew there will be some police involvment, as i said someone was trying to fight me when i left the pub.
This is why i even open the door to speak to them. If i knew they can cause u so much trouble i would never open that door.
 
Everywhere said:
This is why i even open the door to speak to them. If i knew they can cause u so much trouble i would never open that door.
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The police have a power of entry if they have reasonable grounds to suspect that a person suspected of committing a crime is inside. If you want to have to pay for a new front door then that's a good way of going about it.
 
Dinlo said:
The police have a power of entry if they have reasonable grounds to suspect that a person suspected of committing a crime is inside. If you want to have to pay for a new front door then that's a good way of going about it.
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Yeah they do, on a serious matter. The solicitor told me that i shouldn't open the door.

Also they extended the bail another month. They had breath sample, succesfully and signed.
 
Everywhere said:
Yeah they do, on a serious matter. The solicitor told me that i shouldn't open the door.
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The solicitor isn't the one whose door is going to be broken down, very poor advice.

The powers of entry are not influenced by the seriousness of a crime. If a person suspected of ANY crime is believed to be in the premises then the police can enter. Trust me, I've done it on many occasions.
 
Dinlo said:
The solicitor isn't the one whose door is going to be broken down, very poor advice.

The powers of entry are not influenced by the seriousness of a crime. If a person suspected of ANY crime is believed to be in the premises then the police can enter. Trust me, I've done it on many occasions.
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You not just broke someones door in suspicion. I don't want to cause a argument.
When you have clear evidence you got the power to do that, otherwise you need permision from the superiors.
 
Suspicion of Drink Driving is one offence where the police can enter your premises if they suspect that you are there immediately after the offence is alleged to have occurred.

I know. It happened to me.

I was reported to the police as driving while drunk and they turned up at my house around an hour after I had arrived home and arrested me.
 
Everywhere said:
You not just broke someones door in suspicion. I don't want to cause a argument.
When you have clear evidence you got the power to do that, otherwise you need permision from the superiors.
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Under Section 17 of the Police and Criminal Evidence Act 1984 the police have the power to enter premises if there are reasonable grounds to suspect a person suspected of committing a crime (drink driving included) is inside. It's the law whether you believe it or not. If you believe the solicitor then my advice is to find an alternative one because they don't know the law.
 
Luna2000 said:
Suspicion of Drink Driving is one offence where the police can enter your premises if they suspect that you are there immediately after the offence is alleged to have occurred.

I know. It happened to me.

I was reported to the police as driving while drunk and they turned up at my house around an hour after I had arrived home and arrested me.
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Absolutely it happened to me and I tried to defend it stupidly!

Lesson learnt now back on the road thank goodness!
 
Dinlo said:
Under Section 17 of the Police and Criminal Evidence Act 1984 the police have the power to enter premises if there are reasonable grounds to suspect a person suspected of committing a crime (drink driving included) is inside. It's the law whether you believe it or not. If you believe the solicitor then my advice is to find an alternative one because they don't know the law.
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I agree.

Also why would they extend the bail ?
 
JamesH2122 said:
I'm not sure what I find oddest about this one, but drinking Guinness with apple juice chasers might top the list.
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Nothing wrong, i had a apple juice as i wasn't planing to drink at all, then i decided later one i fancy a pint of guiness. The bouncers didn't rang police cuz they saw me drunk or knowing what i drank. They called because one of their collegue started a fight with me.
 
How many drinks did you purchase at the bar? Your direct debits should tell you how many unless you paid cash? The police must have had cause for concern or it would be a complete waste of their time…
 
Reets said:
How many drinks did you purchase at the bar? Your direct debits should tell you how many unless you paid cash? The police must have had cause for concern or it would be a complete waste of their time…
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Tbh how many drinks i bought will not make any difference, or maybe make my case even harder, i bought some drinks for some mates at the same time.


My case is a lot more complex, as the report was a malicious one.

I ended in a argument with one of the bar staff who was drunk and having the day off in that pub, also there was my Ex who was at the same table with the person i was having the argument, my Ex knew i went home drinking as we was speaking on the phone, aparently she was trying to fix the argument i had with her friend and checking on me to make sure i am allright, at the same time on the other line they was calling police on me.
 
Everywhere said:
Tbh how many drinks i bought will not make any difference, or maybe make my case even harder, i bought some drinks for some mates at the same time.


My case is a lot more complex, as the report was a malicious one.

I ended in a argument with one of the bar staff who was drunk and having the day off in that pub, also there was my Ex who was at the same table with the person i was having the argument, my Ex knew i went home drinking as we was speaking on the phone, aparently she was trying to fix the argument i had with her friend and checking on me to make sure i am allright, at the same time on the other line they was calling police on me.
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I was well set up. My ex and her mate who was trying to fight me, the bouncers collegues with this person, my ex checking on me to see " if i'm all right ". Told her that i just polished some wine. So they set me up.

Took me a while to make all this connections.
 
topchippyles said:
It does sound far fetched when you read it first which is why i suggested legal advise.
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I suspect its one of those stories where we are not told the full picture of what has happened and it seems the author has given his own version of events.

If this story is authentic, the police wouldn't have sufficient grounds to arrest 'Everywhere' at his home address as this is where the 'hip flask' defence comes in and the case wouldn't even pass the threshold test to get to court.

To consume a full bottle of wine in 20-25 mins between arriving home and the police turning up at the doorstep does take some doing though!!!!

CJ
 
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