Caught drink driving, depressed and suicidal

[racheal.nicholls88@gmail.]

Hi I would like some advice as I have been charged with drink driving to appear in court on the 19th of Dec. I don't know the procedures and have filed complaints about treatment of the police and whether they have followed procedure correctly. I was never arrested road side when I blew over and I was left at the station in pain for hours, also left with my coat on and shoes as I could have killed myself as i have severe anxiety issue. I didn't make a statement and told the incorrect reading once charged 6weeks later after being pulled and only read my mandera rights once charged the 6 weeks later. Is there anyway I stand a chance against this??? I'm suicidal and have been left traumatised and in a state of depression since this began 6 weeks ago

 

[SeanJoyceStephensons]

The fact you weren't formally arrested at the roadside will not make any difference to the outcome of your drink driving case. There is no requirement for the police to exercise their power of arrest, it simply gives them the power to detain you. If you weren't arrested then effectively you've gone with them voluntarily. This is no bd thing because, had you refused, you would have been arrested anyway.

There are certain mandatory warnings you must be given by the police when they request a sample from you. Some failures to follow certain procedures can give rise to an application to exclude evidence.

A solicitor would need need to look at the evidence before being able to advise you on whether there has been a failure to follow correct procedures, whether any such failures enable you to apply to exclude evidence and your prospects of success.

Given the health concerns you raise I would recommend you take legal advice about your case as soon as possible.