2nd offence

Convicted Driver Insurance

Sharie65

Member
I was banned for driving after being caught drunk driving during my relationship break down from my husband of 20 years. I got a DR30 and van for 12 months reduced to 9 months after doing the course. Unfortunately with lockdown, it took 18 months to get my license back. I was considered a HRO and had to have 2 blood tests and passed them both. Was given my license back for a year in January this year.
I have been doing lots of rehabilitation with AA, Turning Point, the Nelson Trust and had been doing really well. However, a month ago I got scammed by scammers to the tune of £5k and unfortunately took a drink as I was so upset. No excuse I know. I tried to buy more wine the next morning and obviously my card failed. I was reported by the cashier and stopped by the police. They took me to the nearest police station and I was charged with failure to provide a specimen. I have since been diagnosed with mental health issues, PTSD and BPD and was having a major panic attack. I have also been diagnosed by a colonoscopy due to bowel cancer with a hiatus hernia which causes shortness of breath. I also was in a coma after my ex text me on my birthday to tell me he was leaving me and choked vomit into my lungs and developed sepsis pneumonia and had post pneumonia complications for many months after and struggle with my breath. In addition , I now take medication for my mental health who’s side pain effects are shortness of breath.
I was fully compliant with the police, did not refuse the breatherliser, told them I had medical issues with my breathing, was refused any other test eg blood or urine, was denied access to my mental health team or a lawyer, had no interview and was locked up all day despite the fact I had been helpful, agreeing to everything they said ......but they told me I was being difficult and awkward and you did not consider myself to be over the limit and there is no conclusive proof.
This was just 4 months after getting my license back. I’m so worried they’re going to throw the book at me when they did not follow correct procedure with a vulnerable woman who was fully cooperative but just couldn’t blow enough breath for various medical reasons which the police choose to ignore? Their doctor said I was perfectly Ok to blow without researching my medical history. Please advise. I’ve worked so hard to get my license back and this will destroy me.
 

Polly3

Well-known member
I was banned for driving after being caught drunk driving during my relationship break down from my husband of 20 years. I got a DR30 and van for 12 months reduced to 9 months after doing the course. Unfortunately with lockdown, it took 18 months to get my license back. I was considered a HRO and had to have 2 blood tests and passed them both. Was given my license back for a year in January this year.
I have been doing lots of rehabilitation with AA, Turning Point, the Nelson Trust and had been doing really well. However, a month ago I got scammed by scammers to the tune of £5k and unfortunately took a drink as I was so upset. No excuse I know. I tried to buy more wine the next morning and obviously my card failed. I was reported by the cashier and stopped by the police. They took me to the nearest police station and I was charged with failure to provide a specimen. I have since been diagnosed with mental health issues, PTSD and BPD and was having a major panic attack. I have also been diagnosed by a colonoscopy due to bowel cancer with a hiatus hernia which causes shortness of breath. I also was in a coma after my ex text me on my birthday to tell me he was leaving me and choked vomit into my lungs and developed sepsis pneumonia and had post pneumonia complications for many months after and struggle with my breath. In addition , I now take medication for my mental health who’s side pain effects are shortness of breath.
I was fully compliant with the police, did not refuse the breatherliser, told them I had medical issues with my breathing, was refused any other test eg blood or urine, was denied access to my mental health team or a lawyer, had no interview and was locked up all day despite the fact I had been helpful, agreeing to everything they said ......but they told me I was being difficult and awkward and you did not consider myself to be over the limit and there is no conclusive proof.
This was just 4 months after getting my license back. I’m so worried they’re going to throw the book at me when they did not follow correct procedure with a vulnerable woman who was fully cooperative but just couldn’t blow enough breath for various medical reasons which the police choose to ignore? Their doctor said I was perfectly Ok to blow without researching my medical history. Please advise. I’ve worked so hard to get my license back and this will destroy me.
I suggest that you consult a solicitor ASAP. Things sound very difficult for you . Nothing will destroy you if you pursue your treatment, continue to get help and accept that you are likely to face some sort of penalty that includes further disqualification. From what you say you accept that you were driving whilst under the influence , regardless of how you experience your handling by the police . Others more knowledgeable will correct me if I’m wrong here. If you still have the car please protect yourself against any risk of being tempted to drive it if you’ve been drinking or are in a distressed state . The court will want to prevent you from driving, but they will want to sentence you in a way that will facilitate you accessing help.
 

Polly3

Well-known member
I suggest that you consult a solicitor ASAP. Things sound very difficult for you . Nothing will destroy you if you pursue your treatment, continue to get help and accept that you are likely to face some sort of penalty that includes further disqualification. From what you say you accept that you were driving whilst under the influence , regardless of how you experience your handling by the police . Others more knowledgeable will correct me if I’m wrong here. If you still have the car please protect yourself against any risk of being tempted to drive it if you’ve been drinking or are in a distressed state . The court will want to prevent you from driving, but they will want to sentence you in a way that will facilitate you accessing help.
 
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