Please help

Convicted Driver Insurance

stu12341234

Established Member
Can anyone please advise me. I havent slept i dont barely eat. What happened was i was with my auntie all day i am her sole carer after leaving there i drove home which is just down the street i clipped a car but wasnt sure got home checked my car didnt relise the scratchs went in the house poured myself some gin drank it thought i better go check so walked back up. seen what i had caused agreed to pay for damage which she agreed to. Then the neighbour turns up just as im leaving comes over and says he can smell alchohol on me then says hes a policeman that was off duty. i got detained the police were rang i was took for a breathlyzer test didnt work till the 3rd attempt which said i blew 150mg but he wasnt happy and wanted blood which i said im scared of needles which i said multiple times and offerd urine. got charged with failing to provide blood. got interviewed with out a solicitor because i just want to go home told them what happened. They gave me a lift home. I am getting a letter from the doctor to say i have a phobia of needles. i am due at court next month. will it stand up in court. i do not know what to do i have never arrested in my life. i am so worried and dont know what to do please advise.
 
The best thing you can do...is contact a solicitor for advice....the first consultation should be free. Dont beat yourself up, all of us on here have been there, nobodies perfect so just relax. If you cant get a solicitor....arrive at court early and get the duty solicitor....again his advice will be free and may be able to represent you.
 
Just relax and let your solicitor do his job.......thats what he is paid for, and really should be giving you all the advice you need..
 
I felt the same...as i blew 111....i drank a bottle of vodka (not my choice of drink...but it was all they had in the shop as everyone was panic buying) and i am also a full time carer, and was under tremendous stress as my mother was very ill.....to blow 150...you would have to have drunk a litre of gin. and would be totally out of the game...thats probably why they realised that and went for blood....you really need to phone your solicitor and get him to take you right through your case.....unless you injured or killed someone, despite the reading (which i assume will be wrong) it is very unusual for someone to get jailed for a first offence......but you MUST get your solicitor to clarify this with you..
 
A phobia of needles is a specific Matter. It is far more than a dislike of needles.
i have been involved in disproving a “phobia” in the past by pointing out that the suspect had a tattoo or an ear piercing... so was willing to have a needle inserted out of choice.
Can your doctor state that you have not had inoculations in your life due to refusing them? Can he / she quote any instances where you have refused treatment involving needles despite it being recommended?
the court are always schematically of someone claiming that they dro be, had an accident and the first thing they did when they got home was start drinking.
The law says that it is up to you to satisfy the court that you did have a drink after you drove, and that made the difference to you being over the limit. The problem is that this defence is not available in a failure to provide case. All you are left with is failing to provide “without reasonable excuse.” You need to satisfy the court about this, so a doctors letter would help (but needs to contain the elements I mentioned above) but also any supporting evidence from work or friends who can evidence instances where you declined treatment involving needles. (Perhaps they are blood donors and you have told told them you could not even contemplate this)

You can expect the prosecution to not accept your evidence and there will be a trial. You would be Questioned by the prosecutor about trips abroad and treatment you may have needed to travel to a particular country.... it will not be enough to just say “I hate needles”, most people do but they have an injection etc where necessary.

This is just an outline of what you face, as well as prosecution costs rising from £85 for a guilty plea to £640 or more for a not guilty plea if you are found guilty.
 
I pled guilty when I attended court,told the truth and had by ban reduced by a third,and my fine reduced by a third....remember up here in Scotland, the drink driving limit is lower.......so I was regarded as over 5 times the limit, and jail was never considered....as ive said before...go through it with your solicitor....get him to give you the realistic facts......then just show remorse in the court. I wish you all the best
 
AndyJG said:
I pled guilty when I attended court,told the truth and had by ban reduced by a third,and my fine reduced by a third....remember up here in Scotland, the drink driving limit is lower.......so I was regarded as over 5 times the limit, and jail was never considered....as ive said before...go through it with your solicitor....get him to give you the realistic facts......then just show remorse in the court. I wish you all the best
Click to expand...
Did you cause any damage thats biggest fear only went back to check. I said in interview i walk back up on foot...then realised now i have contradicted myself.
 
No i never caused any damage.....may i suggest you post on the Martin Hammond thread on this forum (free legal advice drink driving England and Wales).....and he will maybe outline what you can expect viz court sentencing guidelines
 
What was your reading in blood? If you tell us that I can tell you the guidelines for sentencing, but even if you are in the category for prison, it is most unlikely that you will get it unless you cause injury or you have previous for bad motoring.
 
Right, the correct answer.... failing to provide is divided in to 3 categories.
first is where you do not provide, but have a honestly held (but not a defence) excuse. No particular evidence of intoxication. That carries 12-16 months ban.
Second is a failure to Provide with no real excuse, and some evidence of intoxication. That carries 17-28 months.
Third is a failure to provide, with evidence of heavy intoxication. That carries 29-36 months.

Your ban is going to be somewhere in there, and it depends on a couple of things. If the magistrates are persuaded that you hated the thought of needles, but it did not amount to a defence, then it should be 12-16 months. If, however, the prosecution manage to sneak in evidence of your one reading of 150 - which is strictly speaking not evidence But could be ‘mentioned’ in the circumstances then that is evidence of heavy intoxication and your ban gets bumped up the scale.

To help you decide on a plea, you should ask your solicitor if he is on friendly terms with CPS (the prosecutor) and if he might be able to put to them that you are considering a not guilty plea but might Change your plea in return for the level of intoxication not being mentioned. These sort of informal deals do happen before the case is heard in court.
 
Thank you its my 1st offence i have never been in trouble before. If i pled guilty what would be the process?
 
Keep thinking im going to goto jail i am a ex civil servant will that go in my favour. Just with me causing damage to a parked car but not to sure and going home and pouring a drink then walking upto check. And already sorted out to pay for it. will this make any difference?
 
The big thing is......did you really just have a couple of drinks, when you returned home ?.....or like me, were you drinking all afternoon....?
 
Character references do help. The reality is that most people behave because of the fear of going to prison. Once you have experience of the criminal justice system, you realise how difficult it is for the magistrates to Actually send someone to prison!
 
i was only home 10min then went back up. I did drink the night before. Or am i better off just saying i was drinking during the day. it helps me sleep on a night because so worried and this has made it so much worse i have just been prescribed meds for it now and go to speak to a therapist will any of that go in my favour.
 
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