Followed home, and charged.

Convicted Driver Insurance

RB10

New Member
I'll try and keep this brief as I know everyone has their unique story to tell.

On Friday I went out with clients to celebrate a work colleague's leaving do. I started drinking at 6.30 and had 2 cocktails in the space of 2 hours. At 8.30 I went to Soho via the train and went to a bar where my clients were. I had two further bottles of beer before leaving at approx 9.30. My train departure was 10.20pm

At kings cross I purchased 2 bags of crisps and a bottle of water and consumed that on the train home.

I then walked to my car and decided that i was still hungry and drove to a local kebab shop purchased some chips ate those in my car before heading home.

The Time was approx 11.30. As I started to drive I noticed that I was being followed. The car behind was right up close to me, there was no traffic in front of me so I slowed down as I thought they wanted to over take me, which they didn't do. The car stayed right behind me until I drove home (I live in a close so he(they) parked on the adjoining street. I stayed in my car, turned the engine and the lights off and saw a man get out of his car and talk in a mobile phone then walk back to his car.

At this point I was pretty nervous and fearing for the worst (I have been mugged 3 times before and was worried something mught happen again).

As soon as he was gone I got out of my car and went into my house. I put my possesions down on the kitchen table, and sat down at the table ready to take my shoes off and go to bed.

It then dawned upon me that I left my phone in my car, so I went back outside to collect it and there was a police van parked next to my car. The police officer approached me and I then got asked the following questions:

Is this your car? Yes
Have you had a drink tonight? Yes
It's been reported that you were swerving whilst driving but an off duty police officer.

I think got asked to take the breatherliser test for which I failed (reading of 42mg) got asked to enter the police van ad was taken to the nearest station.

There I got asked a few mandatory questions like:
Where had I been
How many drinks did I have
What do I do for a living

I then did another breathaliser test and the reading came up as 65mg. I I was then told to empty my pockets and was lead into a cell. I was released at about 6am and was charged with drink driving and I was given a court date 29th October.

My question is do I have a case to fight or should I just accept the outcome?

Any response will be greatly appreciated
 
You may have grounds to contest the case but it will depend on the evidence, which we would need to see.

The police will have to produce clear, admissible evidence that you were driving the car. They will probably do this in one of three ways:
- Admissions by you at the scene that you were the driver
- Admissions by you on tape, under caution, in police interview (if you were interviewed)
- Direct eye witness account by the off duty police officer. However, the witness would have to identify you either by naming you or pointing you out to the officer who arrested you.

It is not clear from your post how the police might prove you drove the vehicl and this will only be completely clear when you are served with a copy of the prosecution evidence. This will be done when you make your first court appearance. The court system these deays does not allow your case to be adjourned for you to seek legal advice, they will insist on you telling them straight away whether you want to plead guilty or not guilty and what issues you will be raising at trial. For this reason, in order to get proper legal advice and representation you really need to be legally represented at the first hearing. Your solicitor will get the evidence from the prosecution, read through it, discuss it with you and advise you what he/she thinks you should do, before you go in to the court room. They will also represent you in court and do the talking for you. Whilst this comes at a cost it gives you the best chance of the right outcome, can be arranged for a fixed fee and you can recoverable your reasonable costs in the event of you being found not guilty at the end of the case. For these reasons the cost is often a worthwhile investment and makes, what for most people is an uncomfortable abnd unpleasant experience, more bearable.

If you would like to arrange legal representation then call our help line on 08450020736. We can provide legal representation from expert and specialist lawyers at any court in mainland UK.
 
Thanks very much for your reply, I will discuss this option with my wife and definitely give you a call.

Thanks again
 
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