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Thread: I got my case thrown out

  1. #1
    Join Date
    Apr 2010
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    Default I got my case thrown out

    Hi i hope you didnt read the thread and think that sumone has found a loophole in the system to get you off. I want to just give my advice on how to best deal with a drink drive case as this would have been my second offence within 10 years. My hard work aswell as my solicitors helped me prove that i was inncocent.

    I originaly got caught in sumone elses car in 2005, i got done for Drink driving ( i blew 91) no licence (technicality) and no insurance(again a technicality). I didnt tell anyone in myfamily what had happned i got a duty solicitor that was useless didnt argue my technicality issues at all and i ended up doing 15 months after the drink rehabilitation course and a £450 fine.

    The most recent incident was in february this year, i skidded into a garden at 2 am, i had been out but had drunk only 2 bottles of bud over a 4 hour period, the reason i skidded was it was a little icy and it was on an incline My phone and jacket were at home as i had popped out to get some fags, i went off the road approx 10 min walk from my house. I went home and stupidly started drinking as i was shocked. I ordered a cab to go back to the scene. The cab arrived at 5 am in the meantime i had drunk a considerable amount of alcohol.

    When i got back to the scene i phoned for a rescue company to pick my car up and drop it off home, as soon as i put the phone down the police came and arrested me. I blew 90+ and 70+ in the machine at the police station. the police were as they always are sneyd and arrogant but i told them what had happned as soon as i got in the car. i was charged and released to go to court.

    I went court yesterday as all the police had was circumstantial evidence on me and nothing more, the tapes were crackled and i had a medical experts report to back caluclate my alocol levels to validate what i was saying about post incident drinking. They introduced a third charge at my initial hearing where i pleaded not guilty of in charge, i rang the rescue company and got a call log to say i rang at the time i said and they visited the scene.

    the prosecution could not argue against the truth and they dropped the charges in court yesterday. Relief as i have been on tenderhooks for three months expecting a MINIMUM three year ban.

    I am not telling this story to say wha hoo look at me i am so clever i am saying it to just help anyone who is feeling scared, alone, anxious...u know the feelings i know them i have had them twice now even though i knew i was innocent its always the courts that decide our fate so if i can give any advice it is as follows:

    1. Get a good solicitor
    2. Get a good solicitor
    3. Get a good solicitor !!!

    ( i cant emphasise that enough)

    4. Only talk to the police when your solicitor is present- i say this because as my interview tapes had been unusable they tried to use what i had said in the police car as evidence, as i was druunk and wasnt sure of times it was way off the truth, luckily the duty solicitor they sent made notes in the interview which correlated with what i said in the interview which leads me onto number 5

    5. Do not ever talk to the police when in the back of the car- as they will record you and video you without telling you as happned in my case, when the interview tapes where blank they stupidly tried to use that as evidence, which was quickly dismissed, but dont say anything at all no matter how friendly they are. SAY NOTHING!

    6. Do your own work too- just because you have a solicitor on the case doesnt mean you should sit back and hope for the best, do anything that will make your case stronger, that will assist you in getting a lighter ban, less of a fine etc, work you put into it will benefit you too.

    7. keep in regular contact with your solicitor- That is what you are paying them for, i dont mean ring them every day, i mean give them a call once a week to ask any questions to put your mind at ease if you are unsure about anything about your dates, your case or even any evidence you may have to help you.

    8. Dont keep it all locked in- tell somebody, talk to somebody you trust about how you are feeling, your emotions anything, this helps a hell of a lot in trying to get your head round what could possibly happen to you.

    9. Keep calm- yes you have been caught, but try and write down ways round of how the implications of a ban will have on you, ie a route planner to work, can you get a lift? which buses go there? etc this will make you realise that your world has not caved in and there is a life after a conviction for D/D

    If there is anything else you might want to add to help anyone who is going through this atm feel free to add any more pointers.

    I could sit here and patronise you and say dont drink and drive, but i appreciate that we sometimes do it without even knowing, in the heat of the moment, in a panic, in an emergency, but what we have got to realise is if we do do it and get caught, try and think its not the end of the world, you can still get around and when you have completed your ban you know what you have to lose so most of you wont ever do it again.

  2. #2
    CMC
    CMC is offline New Member
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    May 2010
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    Default Re: I got my case thrown out

    Hi There,

    I got done for drink driving on 13 may 2000, I was the same and ended up with some duty soliciter who advised me to plea guilty, I got 2 year ban 500 fine and 120 hours comunity service. At the time i also had no licence.

    I have been self employed for the last 4 years. i broke down in my car after attending a motorbike rally with a friend after 1am. I phoned my partner to help me and after id spoke to her i was waiting in the car with my friend. After there was no reply i tryed phoning again and could not get through, We decided to stay in the car and as it had run out of petrol it was cold we decided to have a beer get some sleep and catch a bus to our local town in the morning. I may add at this point we were suppost to be camping at the rally but it was to cold.Between 3am and 4am the police came and arrested me, they just took my friend home without questioning him about anything. I blew 53 on the meter at 4am bairing in mind it was only 20mins since i finished my beer. i was charged with section 5 and had to do a breath test a 6am. this test was the roadside one and was deemed then fit to drive so was released on bail by 6:15am same day. I now have to attend court on the 17th may and to be honist i am totaly ****ting it. I have so much to lose over this i feel suisidal.

    Any advice would be more than gratefull,

    Cheers, cmc

  3. #3
    Join Date
    Apr 2010
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    6

    Default Re: I got my case thrown out

    Get a good solicitor mate, i cant emphasis that enough for you, get them to get in touch with a medical expert to validate your post drinking plea. With that reading i think you have got a very good chance, i cant say for certain but it looks in your favour. Also get your phone records to show you attempted to make the calls you say you did to get assistance at the time you say.

    They will like in my case no doubt bring in an case for in charge but thats where your solicitor comes in to argue your case. GET A GOOD SOLICITOR!!!

    Seriously, do everything you can to get things in your favour and if you are telling the truth there is not much they can do and its up to the courts to decide, but even if there is a doubt which you have to show there is every chance you can get off. Dont just sit there and feel sorry for yourself thats the worst thing you can do.

    I hope it works out for you mate.

  4. #4
    CMC
    CMC is offline New Member
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    May 2010
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    Default Re: I got my case thrown out

    Hi, i am getting the call records sent to me and i got a good solicitor who specialises in drink driving, The problem is im way up the highlands and he is not. For my first plea i have to plea not guilty, He wont be there but he is costing over 3k. The good thing is he realy sounds like he knows his stuff. Its a bit of hope seeing someone else thats been through simelar and managed to keep their licence.

    Thanks for the advice and understanding.

    Cheers

    cmc

  5. #5
    Miss-Innocent is offline New Member
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    Default Re: I got my case thrown out

    @Reformed Character, you know you said they threw the case out because the tapes were cracked and the back calculations backed you up....Do you mean by that the CPS didnt proceed with the case and just accepted they were wrong? As I wasnt interviewed at all despite telling them I had been drinking that evening after I stopped driving.

    Maybe someone can help, if you raise the post driving consumption when arrested and they dont interview you while at the police station, is that not a breach of PACE?

    Does anyone know how much alcohol you have to consume to blow 58mg in breath?

  6. #6
    bristol.red is offline No Longer a Member
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    Default Re: I got my case thrown out

    Quote Originally Posted by Miss-Innocent View Post
    @Reformed Character, you know you said they threw the case out because the tapes were cracked and the back calculations backed you up....Do you mean by that the CPS didnt proceed with the case and just accepted they were wrong? As I wasnt interviewed at all despite telling them I had been drinking that evening after I stopped driving.

    Maybe someone can help, if you raise the post driving consumption when arrested and they dont interview you while at the police station, is that not a breach of PACE
    Does anyone know how much alcohol you have to consume to blow 58mg in breath?
    Miss-Innocent, It is unlikely "Reformed Charecter is going to reply. That persons case finished 3 years ago and people tend to stop logging on these forums once there case is over with.

    I see you have asked your question in the "Ask a solicitor" section. Only Sean Joyce Stevensons firm can answer in that section. They are obviously busy or preoccupied at the moment, "maybe on holiday". Please be patient and once Sean has given his response, maybe you should start your own thread!!!

  7. #7
    Join Date
    Apr 2010
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    Default Re: I got my case thrown out

    Quote Originally Posted by bristol.red View Post
    Miss-Innocent, It is unlikely "Reformed Charecter is going to reply. That persons case finished 3 years ago and people tend to stop logging on these forums once there case is over with.

    I see you have asked your question in the "Ask a solicitor" section. Only Sean Joyce Stevensons firm can answer in that section. They are obviously busy or preoccupied at the moment, "maybe on holiday". Please be patient and once Sean has given his response, maybe you should start your own thread!!!
    You are right! i havent logged in since my last post. I had an email pop up saying somebody replied to your thread. I was thinking which thread? Have not been on a forum for a while now, I dont know how i remembered my password first time either!!!

  8. #8
    Join Date
    Apr 2010
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    6

    Default Re: I got my case thrown out

    Convicted Driver Insurance Quotes
    Quote Originally Posted by Miss-Innocent View Post
    @Reformed Character, you know you said they threw the case out because the tapes were cracked and the back calculations backed you up....Do you mean by that the CPS didnt proceed with the case and just accepted they were wrong? As I wasnt interviewed at all despite telling them I had been drinking that evening after I stopped driving.

    Maybe someone can help, if you raise the post driving consumption when arrested and they dont interview you while at the police station, is that not a breach of PACE?

    Does anyone know how much alcohol you have to consume to blow 58mg in breath?

    Yes the CPS dropped the case as it was all circumstantial evidence and they know that the court would not have taken the case seriously. The part about the interview i really do not know you will have to seek legal advice but i thought it was mandatory to interview once you were in a fit state to do so? You really need to speak to a GOOD solicitor to advise you best on what to do.

    As for your final question about how much alcohol u need to consume for %58mg of breath, this all relates to an individual and your metabolism etc how quick you can break down the alcohol in your body. Not everybody is the same. Just as a rough guide each unit takes about an hour to go through your system plus half an hour eg:

    3 units= 3 hours+ 1/2 hour= 3 1/2 hours
    6 units= 6 hours+ 1/2 hour = 6 1/2 hours

    etc etc (this is a guide and not gospel as said above it all varies for an individual but this usually gives you an idea when you do drink)

    Really hope it works out for you and take my advice from my first post.

    GET A GOOD SOLICITOR!!!!!

    Let me know how it work out for you.

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