Difficult decision!

Convicted Driver Insurance

student01

New Member
Difficult decision! Help please

Hello,

I was arrested at the scene of an accident in which my vehicle hit a lampost on a roundabout. There were no other vehicles involved.

The police arrived, after being rang by a passer by, and I was sitting on a bench about 30 yards from the car. They tried to breathalyse me at the scene but it would not register so I voluntered to go to the station.
I gave a reading on the machine in the station of 75mg/100ml and then 71mg/100ml. There is a simulator check reading 34 before my 2 samples and then 33 after. What is this and why is it different in each situation?

I then had to have pic, prints and dna taken.

As they cannot prove that I was driving, I was told I had to be interviewed. I recieved a call from the duty solicitor who advised me on different options I had. In the end I answered some questions but made no comment on anything to do with driving the vehicle.

I was charged under section 5(1)(a)of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988.

Can they charge me with this if they have no proof that I was driving the car or could it be argued that I am protecting a friend who was driving?

The solictor said I am looking at 12months if I agree to do a drink driving course. Is there any way I could offer to do community service in orfer to reduce it further if found guilty?

Look forward to your views.

Student.
 
Last edited:
Section 5(1) (a) is an offence of Driving whilst over the limit, whereas section 5(1) (b) is an offence of Being Drunk in Charge.

Before you can be convicted of Drink Driving the prosecution must prove, beyond all reasonable doubt, that you were actually driving the vehicle. Ordinarily this would be proved either by an eye witness account or admission by the suspect, either at the road side upon arrest or during Police interview at the Police Station. You do not have to argue or prove anything as you are innocent until proven guilty. It is for the prosecution to prove each and every part of their case, including who was driving, beyond all reasonable doubt.

The breath devices used by the police at the police station produce two simulation checks. These two reading must be between 32 and 37 mg inclusive. This shows that that the machine has calibrated correctly. The fact the two simulation checks are different does not matter.

Two evidential samples must be provided at the police station before it can be said a complete sample has been provided. The lowest of these two readings is always used. Whilst the statutory minimum ban is 12 months, a reading of 71 mg in 100ml of breath, according to the sentencing guidelines, will attract a ban of between 17 and 22 months and a fine. This is a guide only and every case is dealt with on it's own particular facts. The fact you were involved in an accident is something that will count against you when it comes to sentence. You could be referred to the drink driving rehabilitation course for a 25% reduction in length of ban. This referral must be made at the point of sentence.

If you would like our help in arranging representation in court then call us on 0845 0020736.
 
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