When and who to call?

Convicted Driver Insurance

Jon1123

Member
Hi All,

So it is exactly 6 months today that I got caught. They took bloods at hospital so have been waiting ever since. Just wondering if I wanted to find out whats going on, would I need to call the police or the CPS? Also should I wait for another few weeks before calling? If they are going to charge me I just want it out the way now so I can move on...
 
the police have 6 months to start the paperwork to take you to court..... but you are not in the clear yet as they could have applied for it today, and then serve it on you over the next 2-3 weeks.
They cannot backdate the process, so after today you can contact them if you wish to see what happened. You contact the police, not the CPS.
The above applies, unless you were caught in Scotland where they have 12 months to commence proceedings.
 
Thanks for the reply, assuming they did put it through today, would it likely take 2 or 3 weeks or could it again take months and months?
 
You would receive the paperwork in the post for a court appearance in - usually - 4-6 weeks, but given the current covid and court climate that could be several months, depending on the situation at your local court.
 
Once the 6 months is up, it is possible that a summons will be received, but impossible that one can be generated if they have forgotten to ask for one. The process involves both a police and court computer, so there would have to be a huge conspiracy between two agencies for the process to be backdated and it covered up. It cannot happen so there is no harm in asking, for peace of mind, one day after the 6 months are up.
 
So for anyone thats interested. After several calls and live chats managed to get through to the officer who arrested me. He said that even though he initially arrested me he then left when 2 other officers came. He said that they were still waiting for the blood results, to which I replied in that case its case closed as there is a 6 month time limit. He was surprised as he didnt even know there was a 6 month time limit... but then he said he wasnt sure and told me to phone the "traffick process office". Which I did but didnt get anywhere as there is no one to talk to... Anyone had any dealings with the traffick process office?

Feels like im going round in circles. But for now my insurance company are also trying to contact them, maybe they know a more efficient way of getting an answer than i do...
 
Oh dear, a clueless officer!
These days the arresting officer just does the initial bits, then hands it over to the process office and the arresting officer has no further dealings unless he is notified that there is a not guilty plea.
The 6 months limit to commence proceedings is clear in law drink driving is a ‘summary only’ offence, meaning it can only be tried at a magistrates court. On that basis, unless the police have already started proceedings, now that it is 6 months and one day, it is clearly too late for them to do it now.

You can read about it here:

What is the time limit for bringing a prosecution for a summary only offence? | Legal Guidance | LexisNexis

The following Corporate Crime Q&A provides comprehensive and up to date legal information on What is the time limit for bringing a prosecution for a summary only offence?
www.lexisnexis.co.uk www.lexisnexis.co.uk
 
Thanks for the info. Still not getting my hopes up, I dont think arresting officer knew what he was talking about. So will try and get in touch with process office now.
 
Want to say thank you to everyone that contributes to this forum (especially price), it kept me sane for months whilst I was awaiting charges. To my surprise I have had confirmation that they have dropped the case and no charges will be brought forward.

The whole experience has taught me a lot and will definitely be having a no alcohol policy whilst driving, its just not worth it.

As to why they dropped the charges, I dont know, maybe they are too busy or maybe a hold up at the blood test labs...
 
Pleased for you.
It could have been a laboratory backlog where the sample then became unusable, they had the result and messed up by not actioning it, or simply that it came back under the limit and someone was too lazy to inform you!
Either way, just tell the insurance company that you have been cleared of any allegation of drug driving, so they should pay out for your claim.
 
price1367 said:
Pleased for you.
It could have been a laboratory backlog where the sample then became unusable, they had the result and messed up by not actioning it, or simply that it came back under the limit and someone was too lazy to inform you!
Either way, just tell the insurance company that you have been cleared of any allegation of drug driving, so they should pay out for your claim.
Click to expand...
Thank you. It must have been delays at the lab, there is no chance I was under the limit as I had drunk half a bottle of vodka a few hours prior...
 
Jon1123 said:
Thank you. It must have been delays at the lab, there is no chance I was under the limit as I had drunk half a bottle of vodka a few hours prior...
Click to expand...
You had a punishment with all the uncertainty, and during the wait you will doubtless reflected on the possible consequences of your actions . Good for you .
 
Polly3 said:
You had a punishment with all the uncertainty, and during the wait you will doubtless reflected on the possible consequences of your actions . Good for you .
Click to expand...
Yes I certainly did. The wait and anxiety was a punishment that a driving ban could not have topped. I wasnt that happy when I got the news as I still feel so disappointed with myself...
 
Hi,

Jon1123 happy for you, the weight has been lifted. Lesson learned so be it "The hard way". Keep your head up and try to pass on the feeling/consequences of being in that situation. So they do not have to go through a similar situation as you had.

Kind Regards,




Stu
 
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