Involved in a rtc and blew 44 at station

Convicted Driver Insurance

Jaysterzo

New member
Hello all,
I’m new to this forum and would like to get some advice.

On 11/08/2020 at 22.30 I was involved in a RTC involving a motorcyclist, I got out the vehicle and went over to him to see if he was ok, to which he said he was at fault completely, I called an ambulance because he was persistent on getting up and moving about.

the police and ambulance turned up about 23.00 checked on the rider, and the officer came up to me. Now I cannot recall wether he asked if I was the driver or the owner of the vehicle, I’ve supposedly answered yes but I cannot recall to what question.
The officer breathalysed me to which I failed, and subsequently arrested.
Upon being checked in they took me to the breathalyser, and again I don’t recall being cautioned before agreeing to a test. I blew 46 on the first and 44 on the second.
I was placed in a cell and about a hour later took a call from a duty solicitor. I explained what had happened pend and she advised she would speak to Sargent.
another hour passed and another duty solicitor was on the phone. She advised that I would be interviewed in a few hours to which she strongly advised I answer all questions “no comment”. He reason behind this that the police cannot confirm who the driver of the vehicle was.
I was interviewed at 11am to which as per instructions I went no comment all the way.
I was released pending further investigation at 1pm.

2 months passed and I receive a summons to appear in court for the offence of driving with a breath measurement of 44mg.
my question is there were no witnesses to the accident, I didn’t even have keys when I was checked in at the police station how can they prove I was the driver? My solicitor seems to think they have forced a confession before breathalysing me, and as I cannot recall they cautioned me before the roadside test the police may not have followed the correct procedure.
What do you guys think?
 

Martin Hammond

Solicitor
Good evening.

I dont really feel comfortable giving legal advice when you already have a solicitor it I can say that in general, when defending people in your situation I would always see where the proof of driver has come from. If the officer has made a note in his notebook or a statement your lawyer needs to start there when building a defence.

I hope this helps
Martin.
 
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