not convinced i was driving

Convicted Driver Insurance

delta33

New Member
Hi my name is David. I have a problem and I don’t know how to go about it. First of all last month I had been out to an army reunion. I drove my car to the local train station and then caught a train to the function. My intention was to catch the train after the function and walk the short distance home.
I had been drinking. And do not remember returning after the function. Somehow I have managed to get to the car. The car had been driven a short distance and was involved in a collision with a wall. I am told by the police that I was found outside the car unconscious when they arrived. I was also informed that I was treated by a doctor again I do not remember. My first memory of the incident was having my fingerprints taken at the police station. I was told that the evening before I was almost 3 times over the d/d limit. When re breathalyses the following morning my readings were 6 and 8. I told the police when being interview that I drank between 10 and 14 pints of larger. This was stated by me as I had gone to the function with ₤30:00 and had no money on me when being interviewed. On the understanding that a pint cost ₤2:00.
I was released on bail the return to the police. When I got my possessions back ₤18:00 was given to me which in effect means that I could only have six pints. A spare car key was also missing.
I returned to the police station and have yet again been released on bail. I have no recollection at all of getting from the function to the car. Can you enlighten me if there is a time limit that the police have if they are to charge me? My other concern is as I was unconscious at the scene of the crash how did I get out of the car and the missing key.
 
David
Whilst you were clearly over the prescribed drink drive limit (based on the breath samples supplied) the police must prove beyond all reasonable doubt that you were the driver. Just because it's your car and you were found unconsious outside the car by the police when they arrived does not prove beyond all reasonable doubt that you were driving. There are various alternative explanations which might explain why your key is missing and the prosecution would have to disprove these alternatives before being able to prove that it was, in fact, you that was driving at the time of the apparant accident. You have no obligation to prove anything. In most straight forward drink driving cases, if the police have sufficient evidence then they charge the suspect straight away, rather than bail them for further enquiries. It's unclear from the information provided whether you've been charged or not but if you haven't then I question why not? Maybe at this stage the police are unsure that they can prove you were driving?
There is a time limit of 6 months from the date of the offence that the police have to either charge you or apply to the court for a summons. You cannot be charged or summonsed outside this time limit.
If you have already been charged then I'd recommend you take advice. If your reading was three times over the limit then, for a first offence, the sentencing guidelines suggest a ban of 24 to 28 months and a community penalty. In addition, the DVLA are likely to insist on a medical examination before returning your licence at the end of a ban. The consequences are quite severe. If you are charged then I would recommend that you take advice about the strength of the evidence before going to court. I would be happy to discuss this with you in more detail if you wanted.
 
Last edited:
Sean,
Thank you for responding. I went back to the police station in respect of the bail conditions as set. I have been bailed to go back again on Friday. I asked what was the delay and was told that the police are trying to obtain CCTC coverage of the train station where my car was parked. they needed authority to look at any coverage from the security company managers. In respect of the comments left i did some 8 years ago have a 12 month ban for d/d. Since that ban I have not had a drink and drove my car.
 
David
Reading between the lines it sounds as though the police are gathering evidence to prove you were the driver. I suspect that at present there is no evidence of this. You would be well advised to say nothing further to the police about this and wait and see if they can come up with any evidence to put you behind the wheel. Without a set of keys they would struggle to prove Being Drunk in Charge of a vehicle either.

Your previous conviction from 8 years ago is significant. Two convictions for drink driving within a 10 year period means that if you were convicted you would receive a minimum 3 year disqualification.
 
David
Reading between the lines it sounds as though the police are gathering evidence to prove you were the driver. I suspect that at present there is no evidence of this. You would be well advised to say nothing further to the police about this and wait and see if they can come up with any evidence to put you behind the wheel. Without a set of keys they would struggle to prove Being Drunk in Charge of a vehicle either.

Your previous conviction from 8 years ago is significant. Two convictions for drink driving within a 10 year period means that if you were convicted you would receive a minimum 3 year disqualification.

Sean,
Thank you once again, I returned to the police station for the forth time today and the police have now dropped all alleged charges against me. They never mentioned anything about CCTV coverage that they were looking into. I am still convinced that I was not driving the car.
 
David
I'm sure this decision must come as a great relief to you.

Sean
Relief yes I still want to get the bottom of what did happen and how I am 99% sure that I was not at the wheel. Two years ago I lost my grandson and almost two of my daughters in a RTA. (Which I had nothing to do with I must add) I promised them that on no occasion ever would I drink then drive and am standing by my words, Thanks for the words of wisdom
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top