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  • price1367's Avatar
    Today, 09:31 AM
    I suppose it depends if you intend to return to Spain or not. If you might be going back then it would be wise to be aware of your status in Spain to avoid any nasty surprises when you arrive ready to work. One other thing to consider, and I think this makes it very wise to check what the position is in Spain..... there is an EU cross border enforcement directive that allows member states to pursue motoring offenders, including Drink driving, in other member States by having them dealt with in their own countries courts. the UK is currently one of only 3 countries not signed up to this, but the deadline for our enrolment is May 2017. (But will BREXIT put this on hold? Who knows!) if you are 'wanted' in Spain, it is conceivable that you could end- before an English court for the Spanish offence........ I think you will find that here are not formal proceedings against you, the Police just took the easy way out of a long journey back to the police station so there will not be a prosecution.
    9 replies | 217 view(s)
  • Maudio's Avatar
    Yesterday, 11:41 PM
    Hey Price1367, Thanks for getting back! I really appreciate what light you have shed here. I see what you're saying there, they took the car from me that night and said the owner could collect it from the next day at the Grua for 80 which I found out that the guy I was renting from didn't actually own the car and it was someone who lived in england, but he did put me on the car as a named driver but said if police ever stopped me to not say I was renting it. Anyway, I can't remember the exact reading but it was over 80 (reckless I know) and I remember the officer saying this will be a court case as you're over all the limits. Then they asked where I lived and as I was 5 mins away they said taking me to the station was "too long" for them and took me home. I was driving only on my UK licence, I never had a Spanish one (although they were just changing the laws that you needed a Spanish one as I was a worker). I have spoke to a solicitor the other day who said they would go to the local Policia and enquire if I am wanted with them or not. They wanted a copy of my passport for identification which I am worried would spark up something that possibly they aren't as bothered with but now it's brought to their attention could raise alarms, I don't know. I guess they have a copy of my passport from when I registered for my NIE so it's not like they wouldn't have that record...? The solicitor said they can do that for 100 and then take it from there, do you think that's a good idea? Many thanks!
    9 replies | 217 view(s)
  • price1367's Avatar
    Yesterday, 10:43 PM
    Hello Maudio, I am not all all that knowledgeable on Spanish law, I'm afraid, but I will make these observations: The Spanish police will normally confiscate your car if you are detained for Drink driving. They may have done a roadside test, but I believe their system is the same as here and they have to get an EVIDENTIAL sample at the police station, which you say they did not get. Other than relying on the evidence of the police officers on you state of intoxication (how bad were you, what was the roadside breath test result?) they do not have evidence to convict you. An outside possibility, but you could try this link and see if you have been given points on your Spanish licence by being convicted in your absence: https://sede.dgt.gob.es/es/tramites-y-multas/permiso-por-puntos/consulta-de-puntos/ if you are in contact with a solicitor on Spain, is it possible for him to make an enquiry with the authorities to see if you are "wanted' for failing to appear? That would let you know if you are liable to be arrested if you return to Spain or its' islands.
    9 replies | 217 view(s)
  • bilabonic's Avatar
    Yesterday, 09:24 PM
    I'm just going to use Comparison sites instead of a specialist insurer which i presume will be a LOT cheaper !!!! Thanks for reply.
    5 replies | 169 view(s)
  • Slow learner's Avatar
    Yesterday, 05:00 PM
    From previous experience (this may not still be valid) I would certainly change my insurer after the 5 years is up because if you stay with the same insurer they will be aware of your conviction, whereas you do not need to inform it to a new insurer. They do talk to each other though.
    5 replies | 169 view(s)
  • Slow learner's Avatar
    Yesterday, 04:56 PM
    4 beers over a 10 hour period daily would not be enough to fail the CDT test (my opinion), unless those beers are of the Tennents Super variety. I still drink daily and have tapered down to now 3 beers an evening. For me those beers have a combined unit count of 2.7 to 3.6 UK units, prior to this my drinking was at the 24 unit plus per day level, and had been so for very many years. Drink weaker beer and/ or shandy (0.5% ABV). Also, if you are struggling with your taper or abstinence, ask your GP for Naltrexone (Google it, it works). Finally, if you failed after 8 weeks, try 3 months next, and not 3 months of abstinence, but 3 months of drinking at safe (?) levels. The medical profession has recently been instructed that any amount of drinking is unsafe, so probably best to use the old system of less than 14 units per week, but I believe less than 30 per week should be fine. That's my view, hopefully others will reply also.
    3 replies | 193 view(s)
  • Maudio's Avatar
    Yesterday, 03:23 PM
    Hello Price1367. This isn't far from the topic you are discussing but probably more detailed. I was stopped on the roadside for drink driving, non accident related. I was breathalysed and over the limit, the police said this would likely go to court. I was then asked on roadside where did I live and as my home was 5 minutes away (Adeje) they decided to take me home rather than to their station which they said was 1 hour away. They asked for proof of who I was and I gave them my NIE paper, they then said they will call me in 2 weeks or so with a court date and not to go anywhere. After 10 days I panicked and left to return to the UK. around a month later the police turned up at the police I was staying in Adeje and my friend said where I had gone and they said to tell me that I would b banned from Tenerife for 5-10 years in my friends words, but no paper documents left etc. I have tried to find out since where I stand with this and if I was to visit main land Spain or any other island like Lanzarote or even Tenerife itself what would happen but I have had no joy with any solicitors giving me a final answer as they all have said its very grey area as the police did not take me to the station, i did not pay any roadside fines or sign any paper work etc can you shed any light on this at all please? thank you in advance!
    9 replies | 217 view(s)
  • price1367's Avatar
    Yesterday, 09:58 AM
    Generally a urine sample is not taken during a DVLA medical. Occasionally a doctor will ask for one for a diabetes test, but that is all it is tested for. If, however, there is evidence of drug misuse in the questionnaire then a urine sample may be required and then tested for substances.
    1 replies | 83 view(s)
  • deaness's Avatar
    01-17-2017, 09:50 PM
    Hi,ive got to go for a medical as ive been classed as a high risk offender the thing that's worrying me abit is not so much the blood test for the alcohol but the urine test as im an occasional weed smoker. I've just seen a post were someone's said the urine test is only to check for diabetes due to alcohol abuse. I'd really appreciate it if someone could shed abit of light on this for me. Thanks in advance
    1 replies | 83 view(s)
  • Semajhtims's Avatar
    01-17-2017, 02:58 PM
    Thank you for your reply. It has put my mind at rest about a few things. I take 87.5 is the threshold in scotland then or is it different? Also do you think I'll likely do community service? Sorry for the added questions.
    2 replies | 136 view(s)
  • Michael Lyon's Avatar
    01-17-2017, 01:25 PM
    James, Thank you for your post. There is a range of penalty here and what you receive depends on a number of factors, including the Sheriff presiding over the case and the quality of mitigatory representations advanced on your behalf. Therefore, I would say that you could expect a disqualification of anything between 9 and 24 months. Clearly, if you wish our assistance here I and my colleagues would be more than happy to help. As your breath reading is below the threshold of 87.5 microgrammes, nothwithstanding Scotland's lower drink driving limit I do not consider that you would be classed as a High Risk Offender. Trusting this is of assistance.
    2 replies | 136 view(s)
  • SeanJoyceStephensons's Avatar
    01-16-2017, 07:07 PM
    If you fail to disclose a criminal conviction you may be in breach of the terms of your contract of employment. Working as a Healthcare SUpport Assistant for the NHS will likley mean that you have an ongoing duty to disclose such convictions. Your employer is entitled to ask you about any such convictions at any such time. I would recommend taking advice from an Employment Law solicitor. Again, disclosing information about previous convictions is completely dependent on the question asked and the job applied for. Jobs in the healthcare profession can often be excluded from the Rehabilitation of Offenders Act 1974 meaning that, for some jobs, a conviction will never be classed as spent and will always need to be disclosed. I would again seek advice from an Employment Law solicitor who would be able to advise more specifically for your circumstances.
    1 replies | 134 view(s)
  • SeanJoyceStephensons's Avatar
    01-16-2017, 06:44 PM
    The option to replace your specimen of breath with one of blood has not been offered since 10 April 2015. Prior to that, this 'statutory option' was offered to drivers who produced a result above the accepted prosecutable level of 40 microgams per 100 millilitres of breath but no more than 50 microgams per 100 millilitres of breath. The fact that this officer has offered this raises some concerns about the officer's understanding of the law given that this option has not been in place for almost 2 years. That may be a sign that other, more important procedural matters have been misunderstood or overlooked. There are other technical defences available in this type of case, possibly arising from an incorrect interpretation by the officer of the statutory procedure, that could lead to your acquittal. You should contact a specialist to discuss the potential defences. In your case, should you plead guilty, you will be given a minimum disqualification of 3 years given that this would be your second conviction of this type in the last 10 years.
    1 replies | 145 view(s)
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