my wife crashed in to a police car this year

Convicted Driver Insurance

anthony k

New Member
on the 14th of feb my wife crashed into a police car and gave a breath test at the site of crash, but when taken to the police station failed to give a second breath test, so my question is this she was fined £448.00 pound with 12 months band but she was also told if she took a course for driver awerness she would get 3 months off and no points, is it fair to say that she was not done for drink and driving since they could not say she was over the limt, my second question is this on the day of the crash I had no way of knowing what had taken place on that morning and it took me a day and half to find out about it has the police nor the hospital would tell me because of the data act, yet I have since found out that my wife boss phoned her mobile and guess what one of the police officers took the call and told her boss what had taken place, yet now her boss as taken steps to place her on report,


I refer to the following allegations which have been brought to our attention:
•. That you were late for your shift on Friday 14thFebruary 2014 which was due to start at 8.00 am
• That whilst driving to work on Friday 14thFebruary 2014 in your staff uniform you crashed into a police car and that you failed the roadside breath test for alcohol and that you were subsequently arrested and have received a 12 month driving ban. Had you not had this accident you would have attended work under the influence of alcohol and worked with vulnerable young people. my question is this how would they know that unless she was told by the police? I have now have sent an email to the office of the police and crime commissioner with this complaint that I belive that the police breached the data act and should I ask her to put off the dis meeting due to the fact that the info they were given is not 100 percent right. any help that some can give would be of great help. many thanks
 
on the 14th of feb my wife crashed into a police car and gave a breath test at the site of crash, but when taken to the police station failed to give a second breath test, so my question is this she was fined £448.00 pound with 12 months band but she was also told if she took a course for driver awerness she would get 3 months off and no points, is it fair to say that she was not done for drink and driving since they could not say she was over the limt, my second question is this on the day of the crash I had no way of knowing what had taken place on that morning and it took me a day and half to find out about it has the police nor the hospital would tell me because of the data act, yet I have since found out that my wife boss phoned her mobile and guess what one of the police officers took the call and told her boss what had taken place, yet now her boss as taken steps to place her on report,


I refer to the following allegations which have been brought to our attention:
•. That you were late for your shift on Friday 14thFebruary 2014 which was due to start at 8.00 am
• That whilst driving to work on Friday 14thFebruary 2014 in your staff uniform you crashed into a police car and that you failed the roadside breath test for alcohol and that you were subsequently arrested and have received a 12 month driving ban. Had you not had this accident you would have attended work under the influence of alcohol and worked with vulnerable young people. my question is this how would they know that unless she was told by the police? I have now have sent an email to the office of the police and crime commissioner with this complaint that I belive that the police breached the data act and should I ask her to put off the dis meeting due to the fact that the info they were given is not 100 percent right. any help that some can give would be of great help. many thanks

Anthony, I can't answer the question about your wife's work related incident but in relation to the drink driving charge then the fact that she refused to give a sample at the police station means she is automatically deemed to be guilty of a drink driving offence. Her record will show that she failed to provide a specimen of breath and she will be treated as if she were banned for drink driving. She has received a fine and a ban that is in keeping with a drink driving conviction so that's exactly what she has. I think the technicalities of the charge are neither here nor there in this case.
 
thanks chris 125 i have just been told by my wife that they did call an amblance the frist time around and they looked her over and she told them that she was ok, but much later while still with the police she was taken very ill and they called an amblance a second time around and this time she was taken to hospital and they found she had a damged lung and she was also and other health issues in which she had to spend 8 days in hospital on a drip which would mean she was unable to blow in to the big breath manchine, so they charged her ,so if that had be known at the time would that have changed the game plan.
 
Chris125 is right that failing to supply a sample is a drink driving offence, it is just that there is not a reading showing how impaired your wife was. She will get 3 months off if she completes a Drink Drive Rehabilitation course, but no one gets points for drink driving, just the ban.
As to the data protection act, the email indicates that your wife was on her way to work in uniform and worked with vulnerable young people.
this sounds like your wife is a nurse? Certain jobs, nursing and teaching amongst them, require the police to notify employers, and indeed the person themselves, in the case of nurses, have an obligation to notify their own registration body of such an offence.
I am not saying that the police officer did the best of jobs by talking to her employer when the matter was still being dealt with, it might have been better for him to hand the phone to your wife for her to tell him direct. (She may have asked the officer to explain for her?)
similarly, under the data protection act,unless she specifically asked for you to be told that she was in custody, the police would not disclose that information to you.
Did you consult a solicitor before court? He / she should have requested a copy of the custody record for her detention and is would have shown what the police recorded about her injuries. They always complete a health assessment on a person being booked into custody.
Your wife clearly had chest problems, but this may or may not be an issue, depending on what your wife did. If she did try to blow, but failed, she could have claimed that she was unable to blow because of her injury, and the Police should then have given her the benefit of the doubt and requested a blood or urine sample. I note, however, that's he told the ambulance crew that she was alright, so presumably at the time of asking her to provide 2 samples at the police station, the police believed that she was capable of blowing into the machine.
if she simply refused to even try, then she cannot later say: "even if I had tried, I wouldn't have been able to."
sadly, an appeal against conviction has to be lodged within 28 days of the court date, so she is now stuck with the fail to supply conviction. It also means that she will have to undertake a medical before she gets her licence Back. It will also show up on DBS checks for the next 11 years. (Assuming it is her only conviction)
 
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