Caught with drink driving

Convicted Driver Insurance
Hi

new member here..I had accident late night when I hit a parked car. Police came and I identified myself as the driver and told them I was drinking.. I felt terrible the moment the accident happened so wanted to come clean..

Police didn’t do a breath check when they arrested me.. they took me to the the police station and I blew 63..

question I have is that I had a drink in the train before driving and I got arrested within 20 mins of leaving the station.. looking at the custody records there is a nearly 2hr gap between being arrested and blowing 63 on the machine at the station.. do I have a case for a lower category punishment as more alcohol could have been digested etc in that 2 hours? Based on what I understood if I had blew 59 or less the ban comes down considerably..
If yes then how do I go about arguing this with the prosecution ?

i have a clean licence and no previous convictions

k
 
Hi

new member here..I had accident late night when I hit a parked car. Police came and I identified myself as the driver and told them I was drinking.. I felt terrible the moment the accident happened so wanted to come clean..

Police didn’t do a breath check when they arrested me.. they took me to the the police station and I blew 63..

question I have is that I had a drink in the train before driving and I got arrested within 20 mins of leaving the station.. looking at the custody records there is a nearly 2hr gap between being arrested and blowing 63 on the machine at the station.. do I have a case for a lower category punishment as more alcohol could have been digested etc in that 2 hours? Based on what I understood if I had blew 59 or less the ban comes down considerably..
If yes then how do I go about arguing this with the prosecution ?

i have a clean licence and no previous convictions

k
Hi welcome to the forum, I can't see how you can have a case, for example if you'd have blown 2 hours earlier your reading would have been higher, the body as a rule of thumb for blokes gets rid of about 7 or 8 and hour so if you'd have blown two hours earlier you'd probably have blown around 75-80 so you'd have been facing a probable longer ban
 
And if you have a look at this, this gives an idea of what you blow and can expect https://www.sentencingcouncil.org.u...s-alcohol-driveattempt-to-drive-revised-2017/
Hi welcome to the forum, I can't see how you can have a case, for example if you'd have blown 2 hours earlier your reading would have been higher, the body as a rule of thumb for blokes gets rid of about 7 or 8 and hour so if you'd have blown two hours earlier you'd probably have blown around 75-80 so you'd have been facing a probable longer ban

I have appointed a lawyer and she is has requested the evidence from the police but so far police have only provided the custody details and the summary evidence.. she has been chasing the medical health assessment from the police which hasn't come through yet.. two questions

1. I crashed into a parked car and the airbag went off.. I wasn't taken to the hospital and was only checked by a nurse at the station who asked summary high-level questions... what is the significance of the medical assessment? and considering the airbag was deployed was it necessary for police to take me to the hospital?
2. my car was taken away by police and it has been over 3 weeks and on repeated chase still don't have a clue when the car will be released. the lawyer has chased as well.. i guess they would want a DNA sample from the airbag but is there a time period for them to resolve this ?


thanks for your response earlier
 
I have appointed a lawyer and she is has requested the evidence from the police but so far police have only provided the custody details and the summary evidence.. she has been chasing the medical health assessment from the police which hasn't come through yet.. two questions

1. I crashed into a parked car and the airbag went off.. I wasn't taken to the hospital and was only checked by a nurse at the station who asked summary high-level questions... what is the significance of the medical assessment? and considering the airbag was deployed was it necessary for police to take me to the hospital?
2. my car was taken away by police and it has been over 3 weeks and on repeated chase still don't have a clue when the car will be released. the lawyer has chased as well.. i guess they would want a DNA sample from the airbag but is there a time period for them to resolve this ?


thanks for your response earlier
I'm not sure about a timescale, you'd be as well posting this last post on the legal section on the front of the forum/main page and Martin will be able to give you legal answers for free on the forum and Price may well have a good idea if he sees this post as he knows his stuff also!!!
 
I have appointed a lawyer and she is has requested the evidence from the police but so far police have only provided the custody details and the summary evidence.. she has been chasing the medical health assessment from the police which hasn't come through yet.. two questions

1. I crashed into a parked car and the airbag went off.. I wasn't taken to the hospital and was only checked by a nurse at the station who asked summary high-level questions... what is the significance of the medical assessment? and considering the airbag was deployed was it necessary for police to take me to the hospital?
2. my car was taken away by police and it has been over 3 weeks and on repeated chase still don't have a clue when the car will be released. the lawyer has chased as well.. i guess they would want a DNA sample from the airbag but is there a time period for them to resolve this ?


thanks for your response earlier

There has never been one user on this forum who's solicitor was able to litigate their way out of such a cut and dry case. The issue of processes not being followed can be raised as a complaint to the police ombudsman but will not change how things go for you in court.

You were caught over the limit having crashed, you lose around 1 unit per hour so your reading would likely have been over 80 2 hours earlier. You will find yourself to the higher side of the 17-22 months because you crashed. Many solicitors have ripped off many users on this forum, you should be paying no more than £300 for drink driving representation. It is a strict liability offence, have seen users pay solicitors £10k and finally be told to plead guilty on the day.
 
Evening

I hope no one minds if I have my two pen'iths worth. From my own experience of being put through the grinder - it is sometimes easier just to accept the evidence on the table and plead guilty.

In your case you have had the advantage of having a lower reading because of the time scale the police have taken to breathalyse you so the reading of 63mg forms the benchmark for the case.

The policing incompetence has probably worked in your favour in getting a slightly shorter ban than say if you blew 75mg 90 minutes earlier.

I'd certainly just query this with the forum solicitor just to be on the safe side.

CJ
 
Evening

I hope no one minds if I have my two pen'iths worth. From my own experience of being put through the grinder - it is sometimes easier just to accept the evidence on the table and plead guilty.

In your case you have had the advantage of having a lower reading because of the time scale the police have taken to breathalyse you so the reading of 63mg forms the benchmark for the case.

The policing incompetence has probably worked in your favour in getting a slightly shorter ban than say if you blew 75mg 90 minutes earlier.

I'd certainly just query this with the forum solicitor just to be on the safe side.

CJ
Didn't know you were on Grinder CJ I'm more of a Tinder!!!😂
 
The lawpresumes that what was in your system when you blew into the breath test machine IS what was in your system when you drove. If you are suggesting that you could have drunk some alcohol since the accident, then it is up to you to satisfy the court that this was the case, and they will ask things like “did you tell the police you had drunk alcohol since the accident? If not, why not?” (They ask when you last had a drink as part of the breath test procedure.
If you want an allowance made for the fact that 2 hours had passed then what has been pointed out to you already... at the time of the accident your reading would have been higher by about 14, which is what the average person would lose in 2 hours. You certainly do NOT want this pointed out to the Court!
the medical report would only be of any use if you were unable to supply a sample, any your injuries may have contributed to this. As you were able to blow it will not assist you at all.
I have seen several people on here in recent months saying “the airbag went of so the police HAVE to take me to hospital....” I haven’t got a clue where this suggestion comes from, but it is not in any police instructions that I am aware of (I was in the police for 30 years). It is only sensible that they should consider if you need medical attention, but they had you checked by a nurse at the station. Did you have serious injuries that she missed?
Your solicitor should be aware that only basic information is divulged by the prosecution until just before the first court hearing. When is that? Have you already been to court and entered a plea? If not, I suggest, as others have said, that you abandon our solicitor and try to minimise your expenditure. A. Guilty plea with mitigation, as has been correctly pointed out, should only cost in the region of £300.
What have they charged you so far?
 
Tinder - that's maybe just as bad for your health & wellbeing as drink driving considering some of the creatures on that site!!! 😂

CJ
Haha the way I feel at the moment I'd take anything on offer on either Tinder or Grinder.....I really ain't fussy at the mo!!! 😂
 
what is the situation with the insurance in this instance ? the 3rd parities have claimed and their claims have been resolved but I hold a comprehensive policy. The court date is still not set as the initial date given to me I had to move so I am expecting to find out when then 1st hearing will be and considering now we are in a lockdown I guess court remain open but there might be some delay

Can I make a claim for my car to be repaired?
 
You can get your car repaired but NOT under an insurance claim. Because you were drink driving they will not pay out for damage to your vehicle, only third parties.
 
what is the situation with the insurance in this instance ? the 3rd parities have claimed and their claims have been resolved but I hold a comprehensive policy. The court date is still not set as the initial date given to me I had to move so I am expecting to find out when then 1st hearing will be and considering now we are in a lockdown I guess court remain open but there might be some delay

Can I make a claim for my car to be repaired?

No, when they launch their investigation they will find your arrest for the evening of the crash. Drink driving invalidates comprehensive insurance, when a driver is over the limit only third party claims are paid out.

I tried to claim for my car and they voided my policy, so now for my insurance I have to declare a ban, a crash AND a voided policy.
 
No, when they launch their investigation they will find your arrest for the evening of the crash. Drink driving invalidates comprehensive insurance when a driver is over the limit only third party claims are paid out.

I tried to claim for my car and they voided my policy, so now for my insurance, I have to declare a ban, a crash AND a voided policy.
Thank your reply
out of interest, what was your reading and ban? i am still waiting for the hearing date
 
Thanks for the response guys..
what is the view on cost recovery by insurance for 3rd party costs they paid out?
if they do come after me is there a line of defence? Or more a case of negotiating middle ground on payment?
 
Thanks for the response guys..
what is the view on cost recovery by insurance for 3rd party costs they paid out?
if they do come after me is there a line of defence? Or more a case of negotiating middle ground on payment?

My reading and ban is no good to you as I'm from Northern Ireland where we all get 12 month bans for a first offence, reduced to 9 months with the course. I blew 93. However the rest of the HRO process is the same.

Only the admiral group will come after you for costs. So Admiral, Elephant or Diamond will peruse you for costs. The costs for my third party claim were spot on, I had my solicitor look over them and he said they were in line. I also had a read of them and actually thought the claim was a bit low considering the damage I had done.
 
My reading and ban is no good to you as I'm from Northern Ireland where we all get 12 month bans for a first offence, reduced to 9 months with the course. I blew 93. However the rest of the HRO process is the same.

Only the admiral group will come after you for costs. So Admiral, Elephant or Diamond will peruse you for costs. The costs for my third party claim were spot on, I had my solicitor look over them and he said they were in line. I also had a read of them and actually thought the claim was a bit low considering the damage I had done.
Hi thanks for your response... were you with admiral ? If no then did your insurance came after you for third party costs?
 
Hi thanks for your response... were you with admiral ? If no then did your insurance came after you for third party costs?

I was with Allianz and no they did not come after me for costs.

I tried to claim for my car, they found out from the police report I was over the limit, they voided my insurance and paid the third party.
 
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