Think am fooked

[Airbornepara]

Ok so here goes with the story so far.
Apparently, because I have no memory of events because of either concussion or a cerebral event, I was involved in an incident where by my car struck a parked car on an undesignated road unlit and it was parked illegally. After said accident my car was apparently driven to my home address on a farm 5.5 miles away. This is where I was found sitting on private land marked no access to public. I was incoherent. I was approached by police. I cannot remember anything. Apparently I struggled with police and placed one in a choke hold before releasing him.
I was breathylised at road side and blew in the 60's.
I do not remember being cautioned. My car was damaged I was arrested and appeared in a sherrif court in the morning where I was charged with resisting arrest assault drink driving and failing to stop at the accident site.
My solicitor has told me to plead not guilty to drink driving but accept drunk in charge. He states there were no witnesess. And my car was completely in driveable. The steering arm was detached from the subframe making it impossible to drive. I was on private land. There were no witnesess. The police claim to have recovered my vehicle from the crash site. Which is false as it was on the farm at my home address. There was also an item of clothing belonging to someone else. A coat, in my car when I got it back from police compound.
There are so many inconsistencies. They can apparently place my car at crash site but cannot identify me as being there. They found me on private land with no access to public in a car they stated was incapable of being driven.
I have absolutely no knowledge or recollection not only of the events, but the whole weekend is lost to me.
I've yet to go for mri scans as instructed by my gp.
I can see how it all looks. The accident happened around 8pm the police found me about 10. The breath reading of about 60 was taken. I can't remember drinking before driving.
I'm completely lost.
I'm an ex squaddie now driving Hgv in civvi street.
Any help or advice would be greatly appreciated. Anyone with a genie in a lamp please pm me.
Stephen

 

[Medicine Man]

Unless someone more clued up in law can give a better opinion about this than myself:

It sounds like, from what you’ve described, that you hit a car on an unlit road, which was parked illegally, then drove to an area of land marked ‘no public access’ (I can only assume a farm). You were found in your vehicle by police and were breathalysed and blew over the limit on private land. You instructed a
solicitor to take on your case and they told you to plead ‘not guilty’ to drink driving. You are claiming ‘a cerebral event’ and have begun to gather evidence to prove this?

1. Get evidence to prove your ‘cerebral event’

2. Get evidence to prove your vehicle was undriveable before you had the collision (if this is the road you’re going to go down)

3. Private land defence - any decent solicitor will provide a statement about this (correct me if I’m wrong)(it may not hold up in court)

4. Talk to your solicitor and get them to ask for evidence of what took place the night in question

MM

 

[Airbornepara]

Unless someone more clued up in law can give a better opinion about this than myself:

It sounds like, from what you’ve described, that you hit a car on an unlit road, which was parked illegally, then drove to an area of land marked ‘no public access’ (I can only assume a farm). You were found in your vehicle by police and were breathalysed and blew over the limit on private land. You instructed a
solicitor to take on your case and they told you to plead ‘not guilty’ to drink driving. You are claiming ‘a cerebral event’ and have begun to gather evidence to prove this?

1. Get evidence to prove your ‘cerebral event’

2. Get evidence to prove your vehicle was undriveable before you had the collision (if this is the road you’re going to go down)

3. Private land defence - any decent solicitor will provide a statement about this (correct me if I’m wrong)(it may not hold up in court)

4. Talk to your solicitor and get them to ask for evidence of what took place the night in question

MM

Hi thanks for the response. It's very early days. I've had one appearance in court thus far. My intermediary diet is in December. Trial date January. My solicitor has apparently not seen any evidence from the procurator fiscal as yet. So we are both a bit blind just now. My car has been examined by forensics and put at the scene. The farm you speak of is where I rent a cottage, it's my home address. I have no idea as yet as to what lime of defence my solicitor has planned.
There was no damage to my vehicle prior to the accident, or at least I don't think there was. I had driven 15 miles without event, then came across this vehicle parked illegally on a dark road without lighting and no side light's. This remember is what I'm assuming or being told. I absolutely have no idea. It's frustrating and upsets me. I was movedto another police station because they were worried about me and there were medical staff present but I was not examined. The cerebral event may have been something that happens prior to the alleged collision or as a result of severe concussion. Two weeks later I still have total memory black out, having trouble recalling words, still have headaches.
If I approach medical fields and they find something I will lose my driving and hgv licences immediately. My livelihood my cottage, everything for at least 12 months.
It's a tough one.
Regards
Stephen

 

[price1367]

If the police have evidence that your car was on the undesignated road and involved in a collision then it does not matter that they later found you on a private road, you could have even been in your house and it would be perfectly legal to breath test you.
you need to see what the evidence says when you are served with it. I find it strange that the officers are apparently saying incorrectly that your car was found at the scene, but you are adamant that you were found over 5 miles away by your house. If your version of events is correct, how does that sit with the statement that the “car was incapable of being driven”? unless you had another accident after the accident with the parked car, because it was driveable to leave the scene of the parked car accident?
What was your reading on the breath test machine at the police station? The roadside one of 60 is not an evidential one.
have you retraced your steps to visit wherever you were before the accident (pub, shopping, friends house?), to see what you can find out about what you did, and to resolve the mystery of the coat in the car?
The damage to your car that you indicated does not seem to be the sort of collision that would give you concussion, so you need to follow up urgently on the MRI scan your GP said to get.
You will not like this, but you did have some sort of a blackout, as your loss of memory seems to indicate, then you have a duty to report this to DVLA and the Traffic Commissioner. It would be horrendous if you had a reoccurrence whilst driving a HGV.
I know you say your livelihood and cottage are at stake, but so are other peoples lives......

 

[Airbornepara]

If the police have evidence that your car was on the undesignated road and involved in a collision then it does not matter that they later found you on a private road, you could have even been in your house and it would be perfectly legal to breath test you.
you need to see what the evidence says when you are served with it. I find it strange that the officers are apparently saying incorrectly that your car was found at the scene, but you are adamant that you were found over 5 miles away by your house. If your version of events is correct, how does that sit with the statement that the “car was incapable of being driven”? unless you had another accident after the accident with the parked car, because it was driveable to leave the scene of the parked car accident?
What was your reading on the breath test machine at the police station? The roadside one of 60 is not an evidential one.
have you retraced your steps to visit wherever you were before the accident (pub, shopping, friends house?), to see what you can find out about what you did, and to resolve the mystery of the coat in the car?
The damage to your car that you indicated does not seem to be the sort of collision that would give you concussion, so you need to follow up urgently on the MRI scan your GP said to get.
You will not like this, but you did have some sort of a blackout, as your loss of memory seems to indicate, then you have a duty to report this to DVLA and the Traffic Commissioner. It would be horrendous if you had a reoccurrence whilst driving a HGV.
I know you say your livelihood and cottage are at stake, but so are other peoples lives......

Hi many thanks for the response. Yes police do have proof of my vehicle being on undesignated road at impact site. Forensics will most likely have paint match from collision.
My solicitor argues however as there were no witnesess at the crash site it is impossible to say with any degree of certainty that I can be placed there also.
Even though my car is written off with paint from other car. I was found in the driving seat 5 miles away parked on a farm engine running I think?
I don't know why my solicitor has confidence for me to plead not guilty. It seems fairly open and shut case to me. I still have no memory of the accident the scuffle with police or even anything from the whole weekend?