How long from being caught to being summoned to court?

[Worriedoh]

My husband was caught late night 6th November. He said he was taken to the police station & doesn't why but refused to blow or have blood test. He was taken ill with chest pains not long after being arrested & taken to hospital where he was left by the police at 5:30 am on 7th November. They did a roadside breath test at the hospital & did not return his keys as he was still over limit. He collected his keys from the police station the following evening.
He was told his case would be passed to the CPS but has not heard anything since.

Normally/on average how long between arrest & summons? We are both very are anxious about what will happen next & how we will get time off work near the Christmas period to attend court.

 

[Rosie]

My husband was caught late night 6th November. He said he was taken to the police station & doesn't why but refused to blow or have blood test. He was taken ill with chest pains not long after being arrested & taken to hospital where he was left by the police at 5:30 am on 7th November. They did a roadside breath test at the hospital & did not return his keys as he was still over limit. He collected his keys from the police station the following evening.
He was told his case would be passed to the CPS but has not heard anything since.

Normally/on average how long between arrest & summons? We are both very are anxious about what will happen next & how we will get time off work near the Christmas period to attend court.

Hi,
I think every case is different. I heard that they usually "fast track" drink drivers as once they have been caught they want them off teh roads as quick as possible..... but that definitely wasnt so in my case. I was arrested July 2015 and my court case was December 2015! I had FIVE months of waiting, which was ridiculous really, i almost thought they had forgotten me.
The procedure after the interview is usually the officer who interviews you passes the case to his senior, who passes it to the CPS and then they send you a summons in the post.

Rose

 

[Routemaster]

My husband was caught late night 6th November. He said he was taken to the police station & doesn't why but refused to blow or have blood test. He was taken ill with chest pains not long after being arrested & taken to hospital where he was left by the police at 5:30 am on 7th November. They did a roadside breath test at the hospital & did not return his keys as he was still over limit. He collected his keys from the police station the following evening.
He was told his case would be passed to the CPS but has not heard anything since.

Normally/on average how long between arrest & summons? We are both very are anxious about what will happen next & how we will get time off work near the Christmas period to attend court.

It doesn't seem a straight forward case. If he can prove his illness was the reason why he didn't give a sample at the police station then going off a roadside breath test that was done at the hospital could mean normal procedure was not done and he could be found not guilty due to lack of evidence or incorrect police proceedure.

For sucessful prosecution, roadside samples and evidential samples at police station must be taken or alternatively prosecuted for failing to provide these samples. If there was a genuine reason for failing to provide sampled at the station such as illness i.e chest pains then he may escape prosecution.

Get a solicitor, he could be lucky

 

[Bravo]

If he was asked to provide a breath sample, but couldn't because of chest pains - that sounds like a valid medical reason. If they offered to take blood/urine and he declined that then I'm not sure that excuse is still valid. Definitely recommend getting a solicitor who specialises in motoring law and have them check the procedure/documents. I'm not sure, but to see ALL the evidence/nitty gritty, I think you have to notify the prosecutor that you intend to plead not-guilty - You can always change your plea though. The procedure is quite complicated, especially when blood/urine is involved and mistakes do happen. (I know this myself).

Good luck