Help/advice...first time :( :(

Convicted Driver Insurance

Blake

New Member
Hi all
Right here's the story, basically i was out with freinds Saturday night just gone I had drove there parked up as *I was staying at a freinds house after the night out*, and gone out had 2 bottles of standard beer about 3 hours later i was advised to move my car as it would be clamped otherwise, went to move the car to a secure spot which was about 400yds from where it was origionally. As time had passed and i felt fine I decided to move the car which yes was foolish but still, Set of turned a corner and Bam swerved to avoid a dog which had run out of nowhere clipped the kerb and slightly bumped a bollard. Being shocked from this i returned to my freinds to advise them what had happend they bought me a drink to calm me down before returning to the vehicle, on the way back i felt unwell so sat down on a bench the next minute the police were there and breathalysing me i blow over not sure as to what so was arrested and took to the station but NOT cautioned before being arrested..... at the station blew again a 46 spent the night in the cell. I no if found guilty im looking at 12month ban reduced to 9 hopefully with an awareness course and a fine however im wondering what my chances are of being found not guilty. I was nowere near the vehicle when breathalysed and NOT drunk clear headed etc the breath test was due to alcohol consumed afterwords what are my chances please advise people reali worried due in court next friday
Cheers
 
You need to take advise about the strength of the evidence against you.

You are innocent until proven guilty. The Prosecution must prove each and every element of the allegation beyond all reasonable doubt. This includes the fact you were driving. The main question in your case is likely to be whether the prosecution have any evidence that you drove the car that night. This evidence could be from a variety of sources, eg an eye witness who says they saw you drive, an admission by you at the road side, an admission by you in police interview under caution, etc.

In addition, because your breath reading at the police station was less then 50 mg then the police were obliged to offer you the option of replacing your breath sample with either blood or urine. You don not mention this in the information supplied. Failure to offer you this option means you cannot be convicted.

Without knowing what precise evidence the prosecution have it is difficult to give specific advice.

If you would like one of our team to give you some advice then please call our free helpline on 08450020736 and speak to one of our lawyers about your case.
 
Chose not to opt for the blood sample foolish but was unawere of the benefits one can posess, police no i drove the vehicle but i wasnt in the vehicle when breathalysed or arrested and subsequently became intoxicated after due to shock etc, how strong of a chance have i got in regards to not being banned ??
 
It's worth you getting specific advice about how you should pleas as the prosecution may not be able to prove the offence. Call us on 08450020736
 
The risk of prison very much depends on the level of alcohol present. The guidelines say that a prison sentence should be considered for alcohol readings of 120ug in breath and above
 
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