lancasterSteve
New Member
Hello,
On 2/6/17 I was driving home, possibly slightly over the limit, but doubt by very much. I'd drunk about 5 bottles of lager over about 4 hours. On my way home, I hit a parked vehicle. The damage was minor, and the collision was caused by my contact lens falling out, rather than me being impaired. As it was 12:30am, and there was no one around (or so I thought), I stupidly drove home, in the hope that no one had seen me. The damage to other vehicle wasn't more than a scratch.
When I got home, I was a little shaken, and to calm myself, drunk a couple more bottles of lager, and a couple of shots. 45 minutes later, a police officer turned up at my door, and asked who had been driving the car. I admitted to this (without even thinking about the drink driving possibility). His next words were "I'm arresting you ...". I explained that drink-driving was ridiculous, and that I was clearly drinking at home (he took the spirit bottle as evidence).
At the police station, there was a failure with the breathalyser, and they arranged for a blood sample to be taken. The doctor finally arrived around 4am (almost 4 hours after I was driving) and took the sample. Two samples were taken and I was asked to choose one, and was told I would be given it when I was released. I was also told what to do with it to get it analysed etc.
Eight hours later I was interviewed, where I admitted to the collision, but denied the excess alcohol. I was then given my property, asked for a phone number, and was told they would text me when the blood results were back.
I can not afford to employer a solicitor, or appoint an expert witness for back calculations etc. So, whatever happens with this, I am dealing with myself.
I have two questions in relation to this. The first is, how long should it take for me to hear about the outcome, as I was told by the police that it takes between 4-6 weeks. It is now 7 and a half, yet I have heard nothing. The second is, I was not given my copy of the blood specimen when I was released, is this a viable defence?
At this time, as I haven't heard anything, I don't even know what the blood results will be. However, I'm trying to plan for the worst. Through my own research (as I don't seem to be able to find much information on this), I have found that according to the Road Traffic Offenders Act Section 15.5, if they didn't give me my copy of the sample, then their sample is inadmissible as evidence (and therefore any other evidence based upon it). Obviously, I'm paraphrasing what is written in the legislation, but the meaning, as far as my understanding goes, is the same.
Am I right in assuming that if I use this as my defence, then the onus falls upon the prosecution to prove that I was given it? As they won't be able to do this, as I didn't receive it.
After nearly two months, the worry is really starting to get to me, especially with the not knowing. However, as I said, I'm trying to prepare for the worst, and would like an opinion on this from someone who actually understands the subject a lot more thoroughly than I do.
Thank you for any advice, in advance.
Regards
Steve Bryce
On 2/6/17 I was driving home, possibly slightly over the limit, but doubt by very much. I'd drunk about 5 bottles of lager over about 4 hours. On my way home, I hit a parked vehicle. The damage was minor, and the collision was caused by my contact lens falling out, rather than me being impaired. As it was 12:30am, and there was no one around (or so I thought), I stupidly drove home, in the hope that no one had seen me. The damage to other vehicle wasn't more than a scratch.
When I got home, I was a little shaken, and to calm myself, drunk a couple more bottles of lager, and a couple of shots. 45 minutes later, a police officer turned up at my door, and asked who had been driving the car. I admitted to this (without even thinking about the drink driving possibility). His next words were "I'm arresting you ...". I explained that drink-driving was ridiculous, and that I was clearly drinking at home (he took the spirit bottle as evidence).
At the police station, there was a failure with the breathalyser, and they arranged for a blood sample to be taken. The doctor finally arrived around 4am (almost 4 hours after I was driving) and took the sample. Two samples were taken and I was asked to choose one, and was told I would be given it when I was released. I was also told what to do with it to get it analysed etc.
Eight hours later I was interviewed, where I admitted to the collision, but denied the excess alcohol. I was then given my property, asked for a phone number, and was told they would text me when the blood results were back.
I can not afford to employer a solicitor, or appoint an expert witness for back calculations etc. So, whatever happens with this, I am dealing with myself.
I have two questions in relation to this. The first is, how long should it take for me to hear about the outcome, as I was told by the police that it takes between 4-6 weeks. It is now 7 and a half, yet I have heard nothing. The second is, I was not given my copy of the blood specimen when I was released, is this a viable defence?
At this time, as I haven't heard anything, I don't even know what the blood results will be. However, I'm trying to plan for the worst. Through my own research (as I don't seem to be able to find much information on this), I have found that according to the Road Traffic Offenders Act Section 15.5, if they didn't give me my copy of the sample, then their sample is inadmissible as evidence (and therefore any other evidence based upon it). Obviously, I'm paraphrasing what is written in the legislation, but the meaning, as far as my understanding goes, is the same.
Am I right in assuming that if I use this as my defence, then the onus falls upon the prosecution to prove that I was given it? As they won't be able to do this, as I didn't receive it.
After nearly two months, the worry is really starting to get to me, especially with the not knowing. However, as I said, I'm trying to prepare for the worst, and would like an opinion on this from someone who actually understands the subject a lot more thoroughly than I do.
Thank you for any advice, in advance.
Regards
Steve Bryce
