confused about my charge

[bex]

I'm abit confused about what is happening with my case. I was arrested in the early hours of the morning of 14th December 2009 for drink driving. I was breathalsed at the side of the road, found to be over the limit, arrested, put in the police landrover and taken to a station where I was booked. I was then asked to provide 2 breath samples at the station and again was over the limit so i had a blood sample taken by the MO who was at the station at the time (no waiting). I was then released pending report and was told i would get my blood results in 6-8 weeks time and it could take up to 6 months before I get a court date. I am fully aware of the fact that I will lose my licence for a year but I am confused with the 'released pending report' bit, I thought I should have been released on bail like everyone else I have heard this happen to is. Plus I have not had my blood results yet and was wondering how I would hear about this. can someone help please? thanks

 

[SeanJoyceStephensons]

You're right. Usually the police release you on bail, without charge, pending the results of the blood or urine analysis. In some areas, however, the police simply release you without charge and without bail. When the results come back, if positive, they will simply issue a summons or requisition to attend court, through the post. This will be in the form of a document sent to you in the post with a court date. There is a 6 month time limit for doing this. The 6 months runs from the date of the offence. the police or prosecution must lay information (ie lodge the relevant paper work requesting the summons) within this 6 month time limit. The summons or postal requisition does not necessarily have to be served on you within 6 months and the court date does not necessarily have to be within 6 months either.

 

[bex]

thanks for your reply, that has cleared up the released pending report query. i'm still abit concerned on my blood results, will the results be sent to me seperatley in the post or will they be in with the court summons? if my blood/alcohol count was less than 80mgs will my case be thrown out and will i hear from the police if this is the case? i don't know whether this has an impact on what i'm asking or not but i live in Northern Ireland.

 

[SeanJoyceStephensons]

Northern Ireland have a different legal system to England and Wales, as do Scotland. The procedures there are likely to differ and you should consult a lawyer in Northern Ireland about your case.

In England they will usually ( though not always) send the evidence, including the certificate of analysis, in the post with the summons. If the analysis was negative then in some cases you may be informed but in others you will hear nothing and are left to assume that you are not to be prosecuted when the 6 month time limit for doing so expires. The system is imperfect!

 

[bex]

again many thanks for your help on this matter. i'll play the waiting game from now until June and if i don't hear anything i'll assume i'm not being prosecuted.