whilst parked

Convicted Driver Insurance

Glosdrivr

New Member
Hello, I was arrested at 10 pm last night, had a breath level of 57 at the station and appear before magistrates in three weeks. My query is with regard to the initial contact with the police. I was driving and pulled into a layby to adjust my iPod which was wired into the cars cassette deck. A large van pulled up beside me and remained stationary, I got out of my car to see what the driver wanted and then realised it was a police vehicle so I asked what was up and the proceedings started from there.
I am guessing the police followed me into the layby, they said the reasoon was due to one of my taillights being out.
Given they did not actually stop my vehicle with blue lights et.c is it worthwhile telling the magistrates I was stationary with the engine off and indeed outside the vehicle before I was aware of the police presence?
As the breath level is over the limit should I just plead guilty and forget about driving for a year or so?
 
The Police do not have to actually pull you over in order to prove an offence of drink driving. They may have observed you earlier; you may have inadvertantly made an admission at the roadside; or at the very least the fact that you were present with your vehicle in a lay by can allow the Court to draw an inference that you had driven to that location.

I am obliged to advise you not to make any attempt to mislead the Court as to the circumstances of the case. You cannot in any way advance a false account in Court.

That said, you are entitled to put the Prosecution to proof of their case. This means making no admissions and testing the Prosecution evidence in Court to see if the case against you can be proven. I would be happy to discuss the specific facts of your case to determine whether it is viable to contest the matter in Court on this basis.

If you would like to discuss the matter further, please feel free to contact a member of the team on 0845 002 0736.

Kind regards,


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
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