Hope someone can advise.
- Thread starter Vic
- Start date
Vic
Member
price1367
TTC Group
Vic,
You are not wrong, sadly. The spread is 64-73 as you say.
I would agree with previous comments on here, you may have grounds for a complaint against the police for the way you were treated but that is seperate to the drink drive charge and would not be investigated until after your court case.
I think your solicitors suggestion that you plead not guilty because of the police not following PACE re your injuries will not get you anywhere. The only time that sort of defence might work is when you fail to provide and you have chest injuries, in other words an injury that directly relates to the offence you are charged with’
Also be aware of further costs from your solicitor for each court appearance, costs for ‘expert’ reports they advise and if that is not bad enough, just when you think “that was steep” you find that 20% VAT is on top of what was quoted!!!!
Your costs, if found guilty, have already gone up from £85 to £620
Vic
Member
Thankyou Price 1367 for looking into this for me. I know I’m just waiting for them to say I need a medical report now. I’m just hoping that the solicitor on the day can try and get the lower end of the ban and hopefully with the course it won’t be so bad. I’m beginning to loose confidence In the company as when I email them a question they take a week to answer, I think when the case worker does ring ring I’m going to have to have a good chat I think
C J 1980
Established Member
Vic
I've been reading this thread myself and I agree with the other forum members that the drink driving charge will still stand.
The treatment for your injury is a separate issue. The police are expected to adhere to guidance under the Police & Criminal Evidence Act.
The fact you were in a low impact collision where air bags have been deployed and suffered injury to your wrist meant you should have gone to hospital and NOT the police station.
All police officers have a duty of care to prisoners and from reading your story - the arresting officer and the custody sergeant have shown evidence of neglect of duty.
The drink drive procedure should have been done via bloods at the hospital by the police doctor who usually works in the police custody suites. Although he/she travel between sites and still attend hospitals even though the place is full of doctors!!! It has to be the police doctor taking the bloods, not a hospital doctor because it is part of the continuity of evidence.
I would say in your case there is grounds for a complaint in police procedure. If you have been denied medical treatment while in custody this is potentially a breach of Human Rights.
You can can make a complaint directly to the police force concerned and it should be referred to their Internal Affairs Department.
Alternatively, the Independent Office of Police Conduct is the governing body of UK police forces who investigate any allegation of improper conduct. It might be worth contacting them instead.
All the best.
CJ
I've been reading this thread myself and I agree with the other forum members that the drink driving charge will still stand.
The treatment for your injury is a separate issue. The police are expected to adhere to guidance under the Police & Criminal Evidence Act.
The fact you were in a low impact collision where air bags have been deployed and suffered injury to your wrist meant you should have gone to hospital and NOT the police station.
All police officers have a duty of care to prisoners and from reading your story - the arresting officer and the custody sergeant have shown evidence of neglect of duty.
The drink drive procedure should have been done via bloods at the hospital by the police doctor who usually works in the police custody suites. Although he/she travel between sites and still attend hospitals even though the place is full of doctors!!! It has to be the police doctor taking the bloods, not a hospital doctor because it is part of the continuity of evidence.
I would say in your case there is grounds for a complaint in police procedure. If you have been denied medical treatment while in custody this is potentially a breach of Human Rights.
You can can make a complaint directly to the police force concerned and it should be referred to their Internal Affairs Department.
Alternatively, the Independent Office of Police Conduct is the governing body of UK police forces who investigate any allegation of improper conduct. It might be worth contacting them instead.
All the best.
CJ
Vic
Member
Thanks for replying, in total I told 5 officers about my injury, I’d also hurt my leg and one airbag went off in my face. When I was giving my prints etc he asked if I had any injuries and I told him about my wrist and showed him and he said “ well what’s wrong with it” he was quite rude. You could clearly see that it was injured as it was deformed and still isn’t straight even after having the plate fitted. He only took part prints because of the injured hand. There was also a nurse on site. They have definitely not followed pace. That is what my solicitor is saying, that I should have been taken to hospital and I think that is the road they are taking. Also the other officer who took me to the station loosely put the cuff on my injured hand, so he was aware of the injury. I know I will face a ban, it’s only right I have done wrong. I’m just hoping that I can try and get get the lower ban in my category due to my mothers health and sons disability. I’m still undecided about weather to log a complaint as the stress is making me I’ll on the other hand I think, I wasn’t rude I was honest from the start and was respectful. Out of the 5 officers I spoke to 3 were rude, when leaving the custody sergeant was smirkimg saying you can get yourself to the drop in centre now. They did drop me at my mams, but the officer wouldn’t get out the car to let me out he wound the window down, when I explained I couldn’t open the door because of my wrist he wound the window down more so I was more a less hanging out the window. The way I was treated is what made me talk to a solicitor and when I told them what happened they thought I had grounds. I know I’ll be banned
price1367
TTC Group
So the defence case is that you should have been taken to hospital, where a blood sample would have been taken which would show you were over the limit, instead of being taken to the police station where a breath test showed you were over the legal limit.
It has been pointed out by several people that you not getting medical attention is a police complaint matter, but it has NO impact on the fact that you have been shown to be over the limit.
Please treat what happened as two separate matters. The court will pay no attention to you not getting treatment, because it had no effect on you blowing into the breath test machine and being shown to be over the limit.
You have already committed to hundreds, probably thousands of pounds of solicitors fees and you admit you agree you are going to be banned, so what have you gained from your expenditure? Please do not spend more money on what seems to be a futile quest.
What you should do (and you can do this yourself without a solicitor) is to write to the police and ask for a copy of your custody record and the video relating to your detention and being breath tested. You can then review this and if is shows you detailing your injuries and the police officers ignoring what you said then you have grounds to make a formal complaint.
What happens with police complaints, unless the allegation is of a serious assault, is that they log the complaint but only investigate properly AFTER your court case is concluded. This is to prevent people making complaints in the hope that their case will be dropped... the complaint is separate to the case against you.
It has been pointed out by several people that you not getting medical attention is a police complaint matter, but it has NO impact on the fact that you have been shown to be over the limit.
Please treat what happened as two separate matters. The court will pay no attention to you not getting treatment, because it had no effect on you blowing into the breath test machine and being shown to be over the limit.
You have already committed to hundreds, probably thousands of pounds of solicitors fees and you admit you agree you are going to be banned, so what have you gained from your expenditure? Please do not spend more money on what seems to be a futile quest.
What you should do (and you can do this yourself without a solicitor) is to write to the police and ask for a copy of your custody record and the video relating to your detention and being breath tested. You can then review this and if is shows you detailing your injuries and the police officers ignoring what you said then you have grounds to make a formal complaint.
What happens with police complaints, unless the allegation is of a serious assault, is that they log the complaint but only investigate properly AFTER your court case is concluded. This is to prevent people making complaints in the hope that their case will be dropped... the complaint is separate to the case against you.
Vic
Member
I totally agree and appreciate what you and the other members are saying, I was just trying to explain as to why the solicitor said I had a case.
price1367
TTC Group
I think your solicitors are clutching at straws, at your expense!
This is the relevant part of The Police and Criminal Evidence Act:
”Under s.78 PACE, the court may refuse to allow evidence if it appears to the court that, having regard to all the circumstances of the case, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.”
How does that relate to your solicitors trying to say that the evidence of a breath test should be excluded because you should have had treatment for a broken wrist?
This is the relevant part of The Police and Criminal Evidence Act:
”Under s.78 PACE, the court may refuse to allow evidence if it appears to the court that, having regard to all the circumstances of the case, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.”
How does that relate to your solicitors trying to say that the evidence of a breath test should be excluded because you should have had treatment for a broken wrist?
C J 1980
Established Member
Vic
Just to emphasise what Price1367 has said - get the Court case done and dusted. Once that is out of the way, then consider a complaint.
Lots of people try the trick of 'muddying the waters' by discrediting the police to weaken the case and at least 90% of the time it doesn't get them anywhere is Court.
The Court appearance can either be painful or painless which ever way you play it, but the inevitable will be a driving ban anyway!!!
CJ
Just to emphasise what Price1367 has said - get the Court case done and dusted. Once that is out of the way, then consider a complaint.
Lots of people try the trick of 'muddying the waters' by discrediting the police to weaken the case and at least 90% of the time it doesn't get them anywhere is Court.
The Court appearance can either be painful or painless which ever way you play it, but the inevitable will be a driving ban anyway!!!
CJ
Vic
Member
Thanks, to be honest I accept I am going to be banned and the chances are I’ll not log a complaint, just want it behind me now. I was just trying to give an insight of how I was treated
WinterSnow
Established Member
Vic
Member
Thankyou, yeah I’ve already pled not guilty. It’s just when you think you’ve lost everything and someone gives you a bit of hope, you live and learn. My wrist is getting there probably never be fully straight again but that’s the least of my worries at the minute
WinterSnow
Established Member
Vic
Member
I’m so sorry to hear that, you don’t realize how much it affects your life. I really hope everything goes ok with work, I’ve got everything crossed for you. As for your partner things have a funny way of working out.
WinterSnow
Established Member
Vic
Member
I only wish I had the right words to make things better for you. This year has well and truly been a massive change and we don’t know what’s round the corner. Stay positive about your future as things could change x
Vic
Member
Just a quick update, I went to court today and decided to plead guilty. I received a 17 month ban and £322 fine plus £300 court costs. I appreciate everyone’s comments, when in the this situation all you want is someone to be realistic instead of being given false hope. I feel you guys gave me the best advice. I can’t fault my legal representative today he was great and self employed acting on behalf of another company. In hindsight I wish I hadn’t have drove the next morning, been naive and listen to a company who gave me false hope. I just hope any new members who read this, remember the way you feel will pass, you will learn from this lesson any comments on your post are from people who genuinely want to give you the best advice. I felt at an all time low, that I’ve never felt before the majority of us aren’t bad people with bad intention we just made stupid mistakes. I’m always here for any of you, if any want needs to chat 
Enter code DRINKDRIVING10 during checkout for 10% off
![]()
