Charged with drink driving

[Carlos32]

I’ve recently been charged with driving over the prescribed limit after being under RUI for 11 weeks maybe less the night in question I had a slight collision where the car veered into a lamppost to which I panicked and ran.yes I did drink post accident but didn’t mention it as wasn’t asked I was petrified and scared. I were later picked up walking home some fifteen minutes later towards the Vehicle which were in my way home and stopped by two officers who asked my name and as the car was registered to me arrested me. I was found bleeding with a injuries and chest pains and required an ambulance. Pleaded for an ambulance to Wich I were told there wasn’t any with in the period of them detaining me my legs were going numb and I also stated I suffer with anxiety and depression I started to walk in circles to keep my blood circulating which they very rough I had chest pains I was later taken to the hospital 90 mins later in the police car at 330 I told them I’d recently had a suspected stroke the police that is to no avail and were taken to accident and emergency where I had ecg etc at the hospital after the ecg came off I had a severe dry mouth to which I started drinking out of a tap which turned out to be hot water but I needed to swill my mouth as it was bleeding at 7 am two other officers came in and swapped shifts who then took me to the local police station and they breathalysed me and failed highest reading being 60. Just before the breathalyser well I the room I had heartburn and reflux but wasn’t asked if I’d bought anything up. I was some 12 hours later interviewed under caution to which I claimed to have not been driving and released under Rui two witnesses gave a description of me which is completely different to me as in height size hair etc but later picked me out in a video ID. And now they have charged me what are my chances of conviction as I feel they’ve made a right balls up of this investigation thankyou

 

[Recovered22]

I’ve recently been charged with driving over the prescribed limit after being under RUI for 11 weeks maybe less the night in question I had a slight collision where the car veered into a lamppost to which I panicked and ran.yes I did drink post accident but didn’t mention it as wasn’t asked I was petrified and scared. I were later picked up walking home some fifteen minutes later towards the Vehicle which were in my way home and stopped by two officers who asked my name and as the car was registered to me arrested me. I was found bleeding with a injuries and chest pains and required an ambulance. Pleaded for an ambulance to Wich I were told there wasn’t any with in the period of them detaining me my legs were going numb and I also stated I suffer with anxiety and depression I started to walk in circles to keep my blood circulating which they very rough I had chest pains I was later taken to the hospital 90 mins later in the police car at 330 I told them I’d recently had a suspected stroke the police that is to no avail and were taken to accident and emergency where I had ecg etc at the hospital after the ecg came off I had a severe dry mouth to which I started drinking out of a tap which turned out to be hot water but I needed to swill my mouth as it was bleeding at 7 am two other officers came in and swapped shifts who then took me to the local police station and they breathalysed me and failed highest reading being 60. Just before the breathalyser well I the room I had heartburn and reflux but wasn’t asked if I’d bought anything up. I was some 12 hours later interviewed under caution to which I claimed to have not been driving and released under Rui two witnesses gave a description of me which is completely different to me as in height size hair etc but later picked me out in a video ID. And now they have charged me what are my chances of conviction as I feel they’ve made a right balls up of this investigation thankyou

Your chances of conviction are certain. The time the police had to spend in the hospital with you, the crash, your denial of driving and having to have witnesses ID you is a lot of police time and puts you right in the area of where a back calculation would be considered. Especially if you enter a not guilty plea. Instruct a local solicitor and plead guilty and they likely won't perform a back calculation on your reading of 60, you don't need a "drink driving specialist" as they are a con and a waste of money, a normal local solicitor should enter a guilty plea and present mitigation for you for less than £400 so ring around for quotes.

It was your car crashed. You were found injured. You have been ID'd as the driver by witnesses. Your claim of drinking in the 15 minutes after the accident is called the "hip flask defense" and I'm sorry to tell you but the magistrate has heard it all before and that defense does not fly.

 

[BigTom]

I’ve recently been charged with driving over the prescribed limit after being under RUI for 11 weeks maybe less the night in question I had a slight collision where the car veered into a lamppost to which I panicked and ran.yes I did drink post accident but didn’t mention it as wasn’t asked I was petrified and scared. I were later picked up walking home some fifteen minutes later towards the Vehicle which were in my way home and stopped by two officers who asked my name and as the car was registered to me arrested me. I was found bleeding with a injuries and chest pains and required an ambulance. Pleaded for an ambulance to Wich I were told there wasn’t any with in the period of them detaining me my legs were going numb and I also stated I suffer with anxiety and depression I started to walk in circles to keep my blood circulating which they very rough I had chest pains I was later taken to the hospital 90 mins later in the police car at 330 I told them I’d recently had a suspected stroke the police that is to no avail and were taken to accident and emergency where I had ecg etc at the hospital after the ecg came off I had a severe dry mouth to which I started drinking out of a tap which turned out to be hot water but I needed to swill my mouth as it was bleeding at 7 am two other officers came in and swapped shifts who then took me to the local police station and they breathalysed me and failed highest reading being 60. Just before the breathalyser well I the room I had heartburn and reflux but wasn’t asked if I’d bought anything up. I was some 12 hours later interviewed under caution to which I claimed to have not been driving and released under Rui two witnesses gave a description of me which is completely different to me as in height size hair etc but later picked me out in a video ID. And now they have charged me what are my chances of conviction as I feel they’ve made a right balls up of this investigation thankyou

Very unlikely that they have not followed procedure. You saying you had reflux, did you bring it up at the time (not literally!) or are you saying this for the first time now? They have video at the station, you could ask to get a copy of that to see if it proves your claim, but I would guess that there is no proof either way.

I'm not sure why you are angry about it, you have admitted that you were driving and you had been drinking, and then had an accident and ran away! Just because you feel you should have got away with it, and didn't, doesn't change the situation.

In my opinion, you are bang to rights and Dibble have done nothing wrong. They would not have charged you if they didn't feel they had sufficient evidence. You WILL be convicted, I'm not sure if they will use the reading of 60 or use a back calculation to work out what your level would have been at the time of the collision.

You could get a specialist solicitor who will tell you that you have a good case and they will get you off. This will cost you somewhere between £2,000 - £10,000+, and in most cases just before the hearing they will say they have no evidence and suggest you plead guilty. This way, you lose the 'discount' that the magistrates apply on an early guilty plea as well as the extra money it will have cost.

 

[C J 1980]

Carlos

From what you have explained in your thread - the cops have done everything by the book. Because of the minor collision and your injuries, the police have taken you to hospital for treatment which is always the first priority. The police also interviewed you 12 hours later, which again they would do if an officer has not witnessed you behind the wheel. The 12 hour detention in custody is necessary because the police cannot interview people who are drunk! The evidence seems quite overwhelming in my opinion.

The issue over not feeling well during the intoxilyzer procedure is irrelevant. You have received medical treatment at the hospital and the custody sergeant will have conducted a risk assessment on your health and wellbeing when they booked you into custody. Normally, custody sergeant's will still ask the police custody nurse to check you over (even though the nurses in A&E have seen to you!) Everything in police custody is recorded on CCTV anyway, so I am more than confident you have been dealt with fairly and professionally.

Your saving grace Carlos, is that your reading is 60. Therefore, despite the minor collision and leaving the scene, you will not fall into the High Risk Offender category and you should be looking at around a 15-18 month ban. This can be reduced by 25% if you ask to take part in the drink driving course.

Big Tom has made a really valid point about the solicitors. None of us on this forum can advise you about legal representation, but I totally agree that solicitors are sometimes driven by the pound signs and not necessarily what is in the best interests of their clients.

Good luck anyway.

CJ

 

[Guygibson]

Wow I think I have just read every known excuse ever just take your punishment like the rest of us we all make mistakes

 

[Carlos32]

Thankyou everyone for your honest advice and your time to reply my postal requisition that came through the post states that on joe bloggs date at joe bloggs time on joe bloggs road I Drove a motor vehicle namely joe bloggs reg no ******* after consuming so much alcohol that the proportion in your breath namely 61 micrdramned exceeded the prescribed limit is this the reading I will be getting charged with or a back calculated log as someone else stated thankyou

 

[price1367]

From the wording of what you have quoted, they will not be doing a ‘back calculation’.
They have to interview you to get personal details about your weight, what you ate / when and other factors and they cannot do that now you have been charged….. so you can rest assured that the allegation of drink driving with a reading of 61 (attracting a 17-22 month ban) IS what you will face in court.

 

[Carlos32]

From the wording of what you have quoted, they will not be doing a ‘back calculation’.
They have to interview you to get personal details about your weight, what you ate / when and other factors and they cannot do that now you have been charged….. so you can rest assured that the allegation of drink driving with a reading of 61 (attracting a 17-22 month ban) IS what you will face in court.

Thank you for your honest opinion though I must state this is my second conviction in 8 years I know I’m an idiot what will I face with it being a second offence thankyou once again for your time and what is a mitigating letter consist of

 

[price1367]

With the second conviction in 10 years it will be a 3 year ban, which can be reduced by up to 25% if you are offered and complete a drink Drive Rehabilitation course.

 

[stu12341234]

Thank you for your honest opinion though I must state this is my second conviction in 8 years I know I’m an idiot what will I face with it being a second offence thankyou once again for your time and what is a mitigating letter consist of

Hi,
I totally agree with Price. You will have a 3 year ban as a minumun as it is you'r 2nd time within 10 year. Keep your head up though mate!

This forum has so much support and advice.

Regards,




Stu

 

[BigTom]

Thank you for your honest opinion though I must state this is my second conviction in 8 years I know I’m an idiot what will I face with it being a second offence thankyou once again for your time and what is a mitigating letter consist of

Carlos,

As it is your 2nd offence in 10 years, not only are you subjected to a minimum of a 3 year ban, you will also be classed an a High Risk Offender (HRO). This will mean that when you are allowed to reapply for your licence at the end of the ban, you will have to undertake a DVLA medical including a CDT blood test before they will consider returning your licence.

They may also contact your GP at the time, so ensure you keep a good contact with the GP over the next few years to ensure your history does not show any potential problems. If not, you may find the 3 year+ ban becoming much longer while they undertake further enquiries about your relationship with alcohol.

Regards,

















Tom