Ravinaldo
Member
Hi, I could really do with some advice.
I had an accident last September when I was giving 3 friends a lift home. It had been raining, I wasn't familiar with the area and the brakes didn't respond as they normally would have. I clipped a kurb and went straight into a wall. My friends had been drinking but I had not.
One of the passengers seemed seriously injured so when the ambulance arrived I directed them to him. I had hurt my thumb, elbow and had severe pain all over. The police then arrived and arrested me on suspicion of drink driving, I fully cooperated. I had asked for medical attention but this was declined, I also wasn't asked to provide a road side breath test.
on the way to the station I was in a state of shook and in alot of pain. Once into the custody suite I was sat down waiting to be booked in, I was in a lot of pain and repeatedly asked for a doctor. The officers assumed I was feigning injury and ignored my requests. Then one of the officers just grabbed me and took me into the testing room, he said I have to blow into the tube to provide a sample, I was in a lot of pain, which was worse because of the way he grabbed me and asked for a second to compose myself. Then without warning I was grabbed again and put into a cell. I was only in the testing room for 15 seconds. In the cell I was thrown onto the floor, my pockets were emptied and I had some pain killers on me. I was asked what they were and what they were for. I understood and answered both questions. This is noted on the officers notes.
i then passed out and was later woken with paramedics around me in the cell. I was taken to hospital, had some X-rays and was then taken and then back to the station. I was told by the nurse at the hospital to visit a fracture clinic for my thumb and elbow, which later showed no brakes or fracture, just tissue damage and bruising.
back to the station and then quite a few hours later released and charged to appear at court for failure to provide a specimen. Since then I was at court and pleaded not guilty and asked for time to gather my medical evidence and requested the cctv and relevant documents. This was in October and the cps was given 28 days to provide the evidence.
my trial was set for the 14th feb with a pre trial hearing set for the 3rd January. At the pre trial i requested the evidence again as it wasn't provide. The judge gave the cps a further week to comply, but at the next hearing on the 9th of January the cps failed to provide the requested evidence.
the reasoning given was read out from a statement;
“The papers served at the first appearance are the totality of those available. CCTV evidence is not available. The camera does not show the relevant area of the custody suite. The MG/DD/A (the drink drive procedure forms) are not available. The officer provided it to the case builders shortly after the incident in September 2012. It is not on the CPS electronic file and therefore appears to have been lost. Consequently, the statements served at the first appearance are the totality of those available.”
obviously I wanted to gather medical evidence as a possible defence but have since realised there were failures in procedure. I was not given a warning as to the consequences of failing to provide etc
now the custody record states that I refused the test and that a warning was not given as I would have failed to understand. Yet a minute later I understood the questions with regards to the pain killers and responded, this is in the arresting officers notes.
since the accident I've been in a lot of pain around my hip and have had sciatic pain in my leg, it's so bad that I can't go a day without medication. I've had scans that showed inflammation and seen a specialist. I've yet to get a clear diagnosis so I believe my best defence is an abuse of process plea.
Now I believe the cps haven't provided the evidence as they think my injuries were worse then they turned out to be, and they probably don't want it to seem like I was mistreated etc. I think this may be to my advantage with an abuse of process plea.
now if questioned at trial about the request for time to gather medical evidence I will say that it was because I wanted to see if I had a defence on medical grounds. The FME at the station didn't share the officers view and expressed concerns that I wasn't given medical treatment sooner, this is documented in the custody notes.
What are my chances on the 14th if I say I wasn't given the warning? And go with an abuse of process plea?
the only evidence against me is the arresting officers notes which don't mention the test procedure. He does say that he smelt alcohol at the scene and I looked intoxicated, but also got the make and colour for my car wrong. My friend was close to me at the time and had been drinking, I certainly had not.
He's the only witness that will attend the trial for the prosecution.
What are my chances if getting this thrown out? And can I be prosecuted with only the arresting officers statement/evidence etc?
Im no expert but feel there should be enough resonable doubt for me to be found innocent. Your advice would be hugely appreciated.
I had an accident last September when I was giving 3 friends a lift home. It had been raining, I wasn't familiar with the area and the brakes didn't respond as they normally would have. I clipped a kurb and went straight into a wall. My friends had been drinking but I had not.
One of the passengers seemed seriously injured so when the ambulance arrived I directed them to him. I had hurt my thumb, elbow and had severe pain all over. The police then arrived and arrested me on suspicion of drink driving, I fully cooperated. I had asked for medical attention but this was declined, I also wasn't asked to provide a road side breath test.
on the way to the station I was in a state of shook and in alot of pain. Once into the custody suite I was sat down waiting to be booked in, I was in a lot of pain and repeatedly asked for a doctor. The officers assumed I was feigning injury and ignored my requests. Then one of the officers just grabbed me and took me into the testing room, he said I have to blow into the tube to provide a sample, I was in a lot of pain, which was worse because of the way he grabbed me and asked for a second to compose myself. Then without warning I was grabbed again and put into a cell. I was only in the testing room for 15 seconds. In the cell I was thrown onto the floor, my pockets were emptied and I had some pain killers on me. I was asked what they were and what they were for. I understood and answered both questions. This is noted on the officers notes.
i then passed out and was later woken with paramedics around me in the cell. I was taken to hospital, had some X-rays and was then taken and then back to the station. I was told by the nurse at the hospital to visit a fracture clinic for my thumb and elbow, which later showed no brakes or fracture, just tissue damage and bruising.
back to the station and then quite a few hours later released and charged to appear at court for failure to provide a specimen. Since then I was at court and pleaded not guilty and asked for time to gather my medical evidence and requested the cctv and relevant documents. This was in October and the cps was given 28 days to provide the evidence.
my trial was set for the 14th feb with a pre trial hearing set for the 3rd January. At the pre trial i requested the evidence again as it wasn't provide. The judge gave the cps a further week to comply, but at the next hearing on the 9th of January the cps failed to provide the requested evidence.
the reasoning given was read out from a statement;
“The papers served at the first appearance are the totality of those available. CCTV evidence is not available. The camera does not show the relevant area of the custody suite. The MG/DD/A (the drink drive procedure forms) are not available. The officer provided it to the case builders shortly after the incident in September 2012. It is not on the CPS electronic file and therefore appears to have been lost. Consequently, the statements served at the first appearance are the totality of those available.”
obviously I wanted to gather medical evidence as a possible defence but have since realised there were failures in procedure. I was not given a warning as to the consequences of failing to provide etc
now the custody record states that I refused the test and that a warning was not given as I would have failed to understand. Yet a minute later I understood the questions with regards to the pain killers and responded, this is in the arresting officers notes.
since the accident I've been in a lot of pain around my hip and have had sciatic pain in my leg, it's so bad that I can't go a day without medication. I've had scans that showed inflammation and seen a specialist. I've yet to get a clear diagnosis so I believe my best defence is an abuse of process plea.
Now I believe the cps haven't provided the evidence as they think my injuries were worse then they turned out to be, and they probably don't want it to seem like I was mistreated etc. I think this may be to my advantage with an abuse of process plea.
now if questioned at trial about the request for time to gather medical evidence I will say that it was because I wanted to see if I had a defence on medical grounds. The FME at the station didn't share the officers view and expressed concerns that I wasn't given medical treatment sooner, this is documented in the custody notes.
What are my chances on the 14th if I say I wasn't given the warning? And go with an abuse of process plea?
the only evidence against me is the arresting officers notes which don't mention the test procedure. He does say that he smelt alcohol at the scene and I looked intoxicated, but also got the make and colour for my car wrong. My friend was close to me at the time and had been drinking, I certainly had not.
He's the only witness that will attend the trial for the prosecution.
What are my chances if getting this thrown out? And can I be prosecuted with only the arresting officers statement/evidence etc?
Im no expert but feel there should be enough resonable doubt for me to be found innocent. Your advice would be hugely appreciated.
