Rt88010

Convicted Driver Insurance

Polly3

Well-known member
They said that I didn't have my lights on (it was still fairly light at about 9.30pm). I think I may have been driving as though I was in a rush as I was desperate to get home. I had been for a meal with some wine but didn't feel at all I was over the limit. I doubt how they could say it wasn't my condition as I was literally soiling myself infront of them and saying I was having a prolapse.
Well you know best. Obviously a different case to mine . Shame you weren’t able to provide .
 

price1367

TTC Group
I have had an initial reply from a Solicitor "One potential defence would be to require the prosecution to prove that the breath procedure was carried out correctly, including requiring the prosecution to prove that you were given the Statutory Warning adequately. A second potential defence might be that you had a reasonable excuse for not providing a specimen due to the pain that you were in at the time caused by a medical condition." How can I find out if they followed the correct breath procedure? I don't really recall being given the statutory warning either but I was concentrating on other things at the time
The custody video will show not just you being booked in, but the breath test procedure itself. You will hear if the officer read the statutory warning to you, and you can compare the procedure they should follow against the MGDD/A form that they should complete at the time:

 

price1367

TTC Group
Fair enough. what is EGP?
Early guilty plea, so pleading guilty at the first opportunity, rather than going to trial (creating work and hassle for the prosecution and the courts, then pleading guilty….. eventually…….
 

Fiona123b

Active member
Early guilty plea, so pleading guilty at the first opportunity, rather than going to trial (creating work and hassle for the prosecution and the courts, then pleading guilty….. eventually…….
One of the Solicitors has recommended I plead not guilty. He said if I plead guilty then I am saying i deliberately had no intention of providing a specimen and then I can't really then use the mitigating circumstances of my physical condition. I have a call with another one tonight
 

Polly3

Well-known member
One of the Solicitors has recommended I plead not guilty. He said if I plead guilty then I am saying i deliberately had no intention of providing a specimen and then I can't really then use the mitigating circumstances of my physical condition. I have a call with another one tonight
Has he given you an indication as to how much it will be to run this defence for you ?
 

price1367

TTC Group
One of the Solicitors has recommended I plead not guilty. He said if I plead guilty then I am saying i deliberately had no intention of providing a specimen and then I can't really then use the mitigating circumstances of my physical condition. I have a call with another one tonight
He is pretty much right. you can say that you had some difficulty blowing due to being poorly to try to keep the ban at the 12-16 month level,(that is the likely ban for someone who had a honest belief that they should not blow into the machine, but it does not amount to a defence) but if you plead guilty but say "It was impossible to blow in to the machine because I had a medical condition" then it is likely that the magistrates would disregard your guilty plea and say that you must plead not guilty.
 

price1367

TTC Group
yeah £6k but i felt he was pushing me in that direction though so am gonna contact another solicitor so 3 in total
Martin, the solicitor on this forum, I believe charges £3000 for a relatively simple not guilty, but then there would be extra charges for medical reports etc. You have to understand that even if you were found not guilty then you would only get a small proportion of your costs spent on your defence back. You can only put in a claim at the legal aid rate, which may be only 1/3rd of what you actually have to pay the solicitor.
Lose and the prosecution will claim £620 in prosecution costs from you, plus whatever they have spent on their medical experts.
 

Fiona123b

Active member
Martin, the solicitor on this forum, I believe charges £3000 for a relatively simple not guilty, but then there would be extra charges for medical reports etc. You have to understand that even if you were found not guilty then you would only get a small proportion of your costs spent on your defence back. You can only put in a claim at the legal aid rate, which may be only 1/3rd of what you actually have to pay the solicitor.
Lose and the prosecution will claim £620 in prosecution costs from you, plus whatever they have spent on their medical experts.
Exactly and I will still get disqualified. I will see what the others say but part of me is thinking get it over with and submit the mitigating evidence and see. Oh and the Solicitor also said that even though i have requested the CCTV from the police they dont have to give it to me and that I cant adjourn the trial if I dont have it by then??
 

price1367

TTC Group
Exactly and I will still get disqualified. I will see what the others say but part of me is thinking get it over with and submit the mitigating evidence and see. Oh and the Solicitor also said that even though i have requested the CCTV from the police they dont have to give it to me and that I cant adjourn the trial if I dont have it by then??
Partly right, you are not entitled to see the whole prosecution case until after you plead not guilty, otherwise you just get a summary….but anyone is entitled to request their custody record and the video covering their detention. This is a right under The Police and Criminal Evidence Act for anyone who is detained at a police station, even if they end up not being charged - it is an entitlement and is does not come under the heading of ‘evidence’
Say for example, you were to demand bodycam footage of an incident you were involved with in the street, that would be requesting evidence and it is not automatically granted until the right stage in proceedings.
 
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