Failing to Appear

[recrec]

DRINK DRIVING Query

Drink Driving x3 over the limit. I Was out of the Car at the time, but the Officer used constant badgering and intimidation to get me to confess that I had just been driving. Whilst I was trying to get into my house on the front lawn, he had one hand on the radio and one on my chest pushing for me to to confess, so like a fool I did, just to get him off my back since I was fairly inebriated and was not really aware of what I should say.

I never followed through. I believed (rightly or wrongly) he obtained the confession surreptitiously, since I was not driving (behind the wheel), or anywhere near the Car when he made his arrest under constant badgering, I was in no state to argue and just wanted to go and sleep it off.

This incident occurred in the Spring of 1994. Would there still be an arrest/bench warrant out for me either nationally, or internationally, if so would I have a reasonable defence after such a long time as to why I did not appear for this, and what I believe to be a false arrest and confession made under intoxication and duress by the said officer at the time?


I did see a lawyer and she told me I should have said I had not been driving, and that I could face a prison sentence, because it was the 3rd Drink Driving offence at a high-end limit, which of course spooked me, so I never turned up to face the music.


Is there a 'statute of limitations' for motoring offences, and do 'Warrants,' if not served in appropiate time, cease to be enforcible?

 

[SeanJoyceStephensons]

Hi there,

Technically the arrest warrant is still valid and the Prosecution could still prosecute you for the offence in question. This is because the offence has already been reported to the Court and therefore the 6 month limitation argument does not apply.

Therefore you could still be arrested on the warrant in question. If you are it is essential that you are represented as we would raise arguments on your behalf in order to invite the Prosecution to continue no further. We imagine that the Prosecution will take some persuasion but have been successful in other cases in the past.

If you require any further assistance please do not hesitate to contact us.

 

[recrec]

Thanks for the advice and info! Could you please advice on the International issue: would this warrant be at immigration if I were to decide to travel overseas i.e. could I be arrested at the airport either outbound, or inbound? I do not usually travel, but my ageing mother is very sick and I may need to leave at a moment’s notice! It would seem incredible if this was so...has Britain become a totalitarian state?

I would certainly contact you if some ill came of it. Could I be jailed without bail if picked up by the 'Fascist' Police force we have here?

Please reply, since I really do need to know what to do here, and if I need to be concerned about travelling in and out of the UK?

I do not drink anymore and am a complete 'tea totaler' as I did have an addiction to alcohol once upon a time. I am telling you this so you do not think I am trying to get away with anything. It is just that I find the wholesale criminalisation of a population for such offences, including the Drug Laws an absolute 'abomination.'

 

[SeanJoyceStephensons]

In theory it is possible that the proceedings and warrant will be flagged nationally and internationally via your passport. This assumes the proceedings are still live and in force.

 

[recrec]

Thanks heaps for the reply! How do you go about finding this out, without the obvious happening, and alerting them?

The ironical thing about it all is, since the incident, I have worked for two large 'Police Forces' in an administrative, strategic, sensitive capacity... meaning I had Major access to virtually all 'Police Data' be it State, National, or International. Because of this I needed the highest 'Police Clearance' available on all occasions i.e. State, National, and Interpol. When being vetted on three different occasions for all 3 clearances I came up clean. I worked for the Police (not in England) up until 2002.

I have no criminal records of any kind (other than the two previous Drink Driving offences, which I hope, would of been removed by now...11 years is it not?), not even a parking ticket, and that has been the case, since 1994.

If some misfortune were to occur would the outstanding 'Drink Driving' charge be seen as a 1st offence, because of the 11 year rule?

Your kind honest response and expertise on these matters would be much appreciated, and you can be sure I would contact your 'Firm' immediately if I were (God forbid) to 'land' myself in hot water (no pun intended).

PS Would I get bail?

 

[recrec]

Thanks heaps for the reply! How do you go about finding this out, without the obvious happening, and alerting them?

The ironical thing about it all is, since the incident, I have worked for two large 'Police Forces' in an administrative, strategic, sensitive capacity... meaning I had Major access to virtually all 'Police Data' be it State, National, or International. Because of this I needed the highest 'Police Clearance' available on all occasions i.e. State, National, and Interpol. When being vetted on three different occasions for all 3 clearances I came up clean. I worked for the Police (not in England) up until 2002.

I have no criminal records of any kind (other than the two previous Drink Driving offences, which I hope, would of been removed by now...11 years is it not?), not even a parking ticket, and that has been the case, since 1994.

If some misfortune were to occur would the outstanding 'Drink Driving' charge be seen as a 1st offence, because of the 11 year rule?

Your kind honest response and expertise on these matters would be much appreciated, and you can be sure I would contact your 'Firm' immediately if I were (God forbid) to 'land' myself in hot water (no pun intended).

PS Would I get bail?

Any chance of a reply?

 

[recrec]

1) Technical defences/the Police did not follow the process correctly
The obligation is upon the Police to ensure that they have carried out the legal process correctly and if errors have been made, this could result in a conviction being unsafe meaning that the allegation should be dismissed.

Potential errors of process include:
1) The officer failing to supply the correct warning and advising the Defendant of his rights, obligations and implications;
2) The officer failing to follow the correct process when physically carrying out the breath test.
3) User error or the equipment being defective.
4) Miscellaneous procedural errors. Any such discrepancies will not automatically render the allegation null and void. It depends greatly on the nature and severity of the failure and action taken to rectify it. Such potential problems require detailed investigation in order for a Defendant to be correctly advised.


I am number (1), since I was not even driving, or anywhere near the car at the time of arrest?