He is correct that driving whilst unfit (section 4) is harder to prove than driving whilst over the limit (section 5) although it’s not a charge they will use that often for that very reason. A charge under section 4 requires “sufficient evidence of impairment” and what usually tips the scales for them to go with this charge is when a collision has occurred. There is another post on the forum today of someone in a similar position - they blew under but had a collision and is being charged under section 4.
The charging decision will have been taken by an experienced CPS prosecutor who believes there is a realistic prospect of conviction based on the evidence they have seen. Some of the things for you to consider which may be included in this assessment include police statements, anything you might have said or how intoxicated you appeared on body cam (if it exists), any interaction you had with members of the public, what you said (if anything) during interview and if you were tended to by paramedics / police nurse and what they have said about you, for example.
One of the biggest things in your favour is you haven’t been charged with careless or dangerous driving or any variation of it. They obviously do not believe they have sufficient evidence that your driving standard fell below that of a competent driver. On the other hand, one of the biggest things against you currently is probably the fact you did not stop following the collision as well as your breath reading. Whilst the latter can’t be used to charge you under section 5, with how high it was I would imagine you were visibly impaired. We had similar readings and I know I was very obviously intoxicated.
If I were you I wouldn’t plead not guilty, although it’s obviously very tempting to hold onto the hope of being acquitted. However, I don’t feel, from what I know about the incident, there’s enough of a possibility to get off. Although this is obviously a decision you need to make yourself whilst taking into account all the above.
I know, it’s the hope that kills you eh?
Solicitor checked again today and still no evidence posted so I think the key will be to wait and see what evidence they have to back up the lesser charge, for want of a better term.
No doubt they’ll try and leave that as late as possible, but I think this at least potentially gives me something to work with. Well at least it’s not as open and shut as driving with excess alcohol with a reading to back it up, where it would be game over and no option but to plead guilty at the earliest opportunity.
The interview I gave was “no comment” (other than making my point that I checked on the welfare of the other driver before I moved my car) and I certainly never admitted to drinking any amount that would have put me over the limit during any conversations which may have been caught on body cam.
Will the copper want to show the body cam footage where he tripped me and pinned me to the floor even though I was already cuffed at that point, because I was being “aggressive” simply because I told him to back off and leave my son alone who was checking I was okay.
I didn’t speak to anyone else other than someone further away from the scene where the car eventually conked, but he’d left by the time the police arrived. I had no contact with any medical persons, and as far as I recall the police never enquired if I was hurt or required any medical attention.
Reading up on similar cases where they are trying to prove driving whilst unfit it seems their most common route to go down is slurred speach/glazed eyes etc, but even if that’s the case and it’s caught on body cam, is that evidence that proves these charges beyond ‘reasonable doubt’ or could it be down to a bit of concussion from the collision I’d just had?
They claim they have CCTV footage of the accident from a pub on the roundabout where the collision occurred, but mysteriously couldn’t get the footage to play at the interview. But as you have said, if they have that and that footage offers any suggestion I was unfit, then surely they’d have gone for dangerous driving as well.
This has opened up a whole raft of additional questions just when I thought my fate was sealed but I suppose I have to hang on to any glimour of hope this provides. Maybe with this is where a really clued up solicitor could make a difference
Thank you as always for all your time and advice you have given me.
I will see if I can find the other thread you referred to where the other forum member is facing a similar charge.
. So I obviously disclosed the accident to new insurer but not the DD as I wasn’t even charged with anything at that point. 
