Custody Issues with 1st Time Drink Driving Offence

[gb2018]

Hi,

First off, I fully accept that I'm responsible and accountable for my actions. I'm mortified by what I've done and I assume like many others wish I could go back and change it but that's not possible now.

I went out a couple of days ago in the evening with close friends after one of our group sadly passed away that morning. To cut a long story short, I drove three of my friends less than 1/2 mile back to one of their houses and had an AFO pull up behind me, breath test me and arrest me at around midnight. There was no reckless driving involved and there was no accident etc. that required the officers to attend.

The lowest reading I blew at the police station was 92 which I understand from reading the information given on this website is high and falls into 'the third category' with a more severe punishment. I was fully cooperative with the officers that pulled me over and was roadside tested and failed. From there I complied 100% when I was driven to and whilst at the police station. I was later charged with being over the prescribed limit in the morning after a 'sobering up period' and am subsequently due in court in around 2 weeks.

I'm concerned however about the way that I was registered into custody and how I was dealt with due to three points that I'll expand on below. I'm hoping you'll be able to help me understand my legal position and whether I’ve been unfairly treated.

The first thing is when I was registered into custody; I was asked whether I would like free legal advice. I responded that I would like free legal advice to assist me with the matter. During my circa 8 hour stay, not once did I speak to anyone let alone see anyone that would be able to offer me legal advice. I later asked in the morning when being charged and after being told that it was assumed that I'd plead guilty in court to the offence whether I would be able to speak to a legal representative and again wasn't given the opportunity to. Should I have had this opportunity and does it affect my position with the later charge?

The second issue relates to when you have to sign the digital signature pad when being booked into custody. There is a monitor that sits above the signature pad and it's my understanding that this should be on and display textually exactly what you're signing to confirm. It was only when I was about to sign for the third time that the Custody Sargent (or whichever position the person was that that booked me in) mentioned that I can read my rights on the screen before I signed to confirm. I informed him that there was nothing on the screen and that it wasn't working, I didn't realise that this should have been on and give me the opportunity to read the details. Eventually this was resolved and I was able to read and sign for the third time but the prior two times I wasn't able to view exactly what I was signing for (I had already signed without realising that there should have been something on the monitor). Later during the early morning whilst being checked on, I asked if I should have had the details on the screen but never received an answer that I would consider confident and I felt like I was being pushed away with a I'd rather not discuss that situation answer. Should I have been able to read what would have been on the monitor and again, does this effect my position with the later charge?

The final issue that concerned me was that when being charged, I wasn't informed (that I can remember) that I was being released on bail. I was advised I'd need to attend court on x date but wasn't made aware to my knowledge that I was being released on bail. After later reading the charge sheet that you sign, it states that 'I understand that I am granted bail without conditions and must surrender to the custody of the Court specified below'. I reiterate that I knew I had to attend court on the day specified but was not to my knowledge made aware that I was on bail. Same as the last two issues, does this effect my position with the later charge?

I appreciate that this all probably sounds like I'm clutching at straws to 'get off' with the charge but regardless I feel let down especially by not having any legal advice and / or representation to assist me through the matter after asking for it.

Where do I stand with regards to the matter?

Kind regards in anticipation of a response .

 

[gb2018]

In hindsight, I was not in possession of the keys to the car when the ARO officers pulled in behind me. The car would not have been running and the key to control the motor vehicle was in y's possession when requested who exited the vehicle from the front passenger seat. Any footage from the ARO’s vehicle will corroborate this.

 

[gb2018]

In fact, this is starting to annoy to me a little, the gov website (https://www.gov.uk/arrested-your-rights) states:

Your rights in custodyThe custody officer at the police station must explain your rights. You have the right to:

• get free legal advice
• tell someone where you are
• have medical help if you’re feeling ill
• see the rules the police must follow (‘Codes of Practice’)
• see a written notice telling you about your rights, eg regular breaks for food and to use the toilet (you can ask for a notice in your language) or an interpreter to explain the notice

I did not get any legal advice and was not made aware and was never offered a written notice telling me about my rights as per the last bullet point. Does any of this help?

 

[SeanJoyceStephensons]

With respect to your question regarding legal advice: Should I have had this opportunity and does it affect my position with the later charge?

Drink driving is one of the few allegations where an investigation will not be delayed to facilitate legal advice. Unless there was someone already immediately available there for you to speak with either in person or over the phone, there would be no requirement to delay the process to facilitate that. After that, no further evidence would be obtained relating to the offence and therefore, in spite of the fact that you should strictly have been entitled to speak with a solicitor, your position is not prejudiced in any way given that the evidence gathering process had concluded after the provision of your breath sample.

With respect to your question regarding signing the electronic pad on the monitor at the custody desk: Should I have been able to read what would have been on the monitor and again, does this effect my position with the later charge?

Again, this is a booking in process that is carried out when all detainees are booked in to a custody suite. Signing an electronic screen is normal and is unlikely to have prejudiced you in any way when it comes to the obtaining or gathering of any evidence relating to the offence. This is extremely unlikely to impact the validity of the charge.

With respect to not being informed that you were released on bail: Same as the last two issues, does this effect my position with the later charge?

This does not affect the validity of the charge. It is irrelevant to the evidence gathering process and it would not be possible to say that this had prejudiced you in any way.

Whilst drink driving offences require procedures to be followed when evidence is being gathered, the procedures you have pointed out do not go to the admissibility of the evidence gathered in the circumstances of your arrest and detention.

With respect to the query in relation to evidencing driving; the fact the you did not have the keys would not be fatal to the crown case. If the officer can identify you as having driven before you stopped, either by witnessing you driving or by responding to a tip off, then that is all that is required. We would need to see the prosecution evidence in relation to driving to determine whether any doubt can be cast regarding the issue of driving. You could not give positive evidence to deny driving and an inference could be drawn from that.

 

[gb2018]

Thank you Sean for your response. I’ve subsequently seeked legal advice and have raised a complaint with the constabulary involved. It has been acknowledged that I was denied my right to legal advice and representation which I am awaiting an outcome from. This does not look like it will effect the outcome of the proceedings against me.

Thanks again.