The date is looming: what to expect......

Convicted Driver Insurance

WinterSnow

Established Member
Hi all,

I’m in court early Feb for being in charge of a vehicle whilst over the limit. (DR40 I think) Bloods were 150.
I was found by the police in my car at the side of the road having taken a big overdose of 120 paracetamol and they fortunately rushed me to hospital. I was in for 5 days and lucky to be alive. Now, I’m so grateful they found me.
I do have a solicitor but out of intrigue, what is the likelihood of 10 points over a ban? Also, what do you think I will get given your cumulative experience? I have a 15 year clean drivers license and not that it matters but I’ve never had a speeding ticket etc. I’m more gutted I’m going to have a criminal record. My plan was to scuttle away on foot and let the tablets do their trick until the police pulled up.
Thanks in advance.
 
Hi all,

I’m in court early Feb for being in charge of a vehicle whilst over the limit. (DR40 I think) Bloods were 150.
I was found by the police in my car at the side of the road having taken a big overdose of 120 paracetamol and they fortunately rushed me to hospital. I was in for 5 days and lucky to be alive. Now, I’m so grateful they found me.
I do have a solicitor but out of intrigue, what is the likelihood of 10 points over a ban? Also, what do you think I will get given your cumulative experience? I have a 15 year clean drivers license and not that it matters but I’ve never had a speeding ticket etc. I’m more gutted I’m going to have a criminal record. My plan was to scuttle away on foot and let the tablets do their trick until the police pulled up.
Thanks in advance.
You have been on here a while so did you not get the answers in your previous threads ?
 
You have been on here a while so did you not get the answers in your previous threads ?
No sorry I didn’t hence why Ive asked. I didn’t get a charge sheet until 6 months later as I was so poorly so didn’t know what I was facing. Sorry for wasting everyone’s time
 
No sorry I didn’t hence why Ive asked. I didn’t get a charge sheet until 6 months later as I was so poorly so didn’t know what I was facing. Sorry for wasting everyone’s time
Not wasting any ones time at all as that is what the forum is for to ask questions.Better for someone else to answer your question that me.
 
Sorry Wintersnow I can't offer you anything as haven't experienced what you have, sure someone will pop along and help you out. Good luck!!!
 
For an offence of ‘in charge’, it is a defence to show that there was no intent of driving whilst still over the legal limit.
I take it that the police have no evidence of you driving to the spot, or they would have charged you with drink driving/.
It is conceivable that you drank the alcohol where you were parked, to assist with swallowing the paracetamol.
As it was your intention to commit suicide, I think that is excellent grounds to suggest that you had no intention of driving!

You should obtain your medical noted to indicate the massive amount of paracetamol you had taken, which would certainly prove fatal if you has not been treated promptly and get your solicitor to send them to the CPS, asking that the case be discontinued. If not, you may well be able to be found not guilty on your circumstances by the magistrates..... if not, I think if convicted you may well get 10 points rather than a ban.
 
No sorry I didn’t hence why Ive asked. I didn’t get a charge sheet until 6 months later as I was so poorly so didn’t know what I was facing. Sorry for wasting everyone’s time
Cracking advise given by mr price as usual so on the ball now and act on it (y)I dread to think the frame of mind you were in but that is in the past now chicken.
 
For an offence of ‘in charge’, it is a defence to show that there was no intent of driving whilst still over the legal limit.
I take it that the police have no evidence of you driving to the spot, or they would have charged you with drink driving/.
It is conceivable that you drank the alcohol where you were parked, to assist with swallowing the paracetamol.
As it was your intention to commit suicide, I think that is excellent grounds to suggest that you had no intention of driving!

You should obtain your medical noted to indicate the massive amount of paracetamol you had taken, which would certainly prove fatal if you has not been treated promptly and get your solicitor to send them to the CPS, asking that the case be discontinued. If not, you may well be able to be found not guilty on your circumstances by the magistrates..... if not, I think if convicted you may well get 10 points rather than a ban.
Thank you for the reply. The Doctors told me I was lucky to be so healthy considering the quantity (it was them who suggested the 120 mark based on my bloods) I don’t want to plead not guilty as I did consume alcohol to swallow the tablets and in my deranged head at the time; to speed up the process. I had no intention of driving anywhere: I intended on well you know.
I know if I plead not guilty there is a chance I couldbe found guilty at the second trial; I can’t risk that and all the added costs that would occur. The police saved my life and that’s definitely something I’m going to write in my personal statement. I never so grateful with hindsight to them. Two quick questions:
1)Can a magistrate dismiss a case if they feel there are grounds?
2) I’m not sure what Cleanguy means when he says the DVLA could still revoke my license.

Thank you so much
 
If you plead guilty, the magistrates cannot dismiss the case, but they can if you plead not guilty.
the offence I’d being in charge of the vehicle whilst unfit through drink or drugs. So yes, on the face of it you are guilty... but the defence is that ‘there was no likelihood of driving whilst still over the limit”’ you say you had no intention of driving, and the overdose would support that. I would suggest you explore the not guilty route.

Cleanguy mentioned the possibility of DVLA revoking your licence. This could happen if the police notified them of your circumstances, convicted or not. This could be on the basis that if you are suicidal then you present a danger driving on the road. This does not happen often, but even if they did, there would be a medical route for you to eventually get it back.
Don’t worry about that for now,, focus on the upcoming case and how you approach it.
Do you have a solicitor? It would be worth your while talking to one if you don’t.
 
If you plead guilty, the magistrates cannot dismiss the case, but they can if you plead not guilty.
the offence I’d being in charge of the vehicle whilst unfit through drink or drugs. So yes, on the face of it you are guilty... but the defence is that ‘there was no likelihood of driving whilst still over the limit”’ you say you had no intention of driving, and the overdose would support that. I would suggest you explore the not guilty route.

Cleanguy mentioned the possibility of DVLA revoking your licence. This could happen if the police notified them of your circumstances, convicted or not. This could be on the basis that if you are suicidal then you present a danger driving on the road. This does not happen often, but even if they did, there would be a medical route for you to eventually get it back.
Don’t worry about that for now,, focus on the upcoming case and how you approach it.
Do you have a solicitor? It would be worth your while talking to one if you don’t.
Thanks again Price. I have a very good local solicitor thank goodness. He said he would wait for the final CPS paperwork to come through before advising me: he said around 3 weeks before the case which would make it this week. He wants to check the exact wording of the prosecution I think.
I know I’m guilty because I was over the limit in the car with the keys in my possession but I wasn’t on planning on moving the car again. I will email him tonight. It’s a catch 22. Plead guilty and get it over with or not guilty and have more worry in case I’m found so.
 
How does that work?
Through mental health grounds. If it does happen it’s a 3-6 month revoke, and I have seen this happen when people are suicidal dvla step in. They want you to be stable for at least 3 months but hopefully it won’t come to this
 
Wintersnow i said the guys would be along to help and great advise yet again. Pricey you are a credit to this place (y)Honest man is my favourite lad as we share the same pain in life (nagging wife)Just teasing but he lives a few miles from me and great support
 
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