Drink Driving with No Insurance

[dani_burns]

Hi,

Three days ago I was at a friends house with my boyfriend and took his car with us. I was on antibiotics so decided not to have a drink. My boyfriend had two bottles of wine and three cans of strong larger. I was asked at about half passed ten if I wanted to try a glass of wine. I had one large glass on an empty stomach then tried to have another glass but started to feel unwell and poured it down the sink. I was meant to be sleeping the night at my friends house but with feeling unwell I wanted to go home. I took my boyfriend and me home at about half past tweleve where i was pulled over in his car for speeding. The insurance check was done and I was not insured? I am fully comp on my own car and so Is he we have both held our licence for four years. I was also breathalised and my reading came in at 46 at the police station. I was asked to provide another breath test and it came in at 46 again. 45 mins later I agreed to a blood test as I was told that my levels MAY come down??

I was let out and dropped off at home and the police couldnt be neicer to me on the way home. As i stepped out the police car the officer said I hope youve learned your lesson missus?? I also asked whilst at the police station to speak to a duty solicitor (just for advice as I was having fingerprints taken and was scared) the police officer sort of brushed it under the carpet and said "do you not just wanna go home?" I have received no paper work to say that I have been charged with no insurance just simply a producer where I have to produce my insurance cert and driving licence. The officer already knew and ran a check at the road side to see if insured? should I have received paperwork regarding this?

All i come home with was a blood specimen and a bail notice to return to see the same police officer on the 22nd September. I am a carer at the moment my car is on finance and am due to start university to be a student nurse in Jan. Will i get a criminal record? will it effect my chances of becoming a nurse? I am sick with worry and not sleeping or eating drematically losing weight I feel like the worst criminal ever! I have never been in trouble in my life!! I have already got 6 points on my licence off four years ago and two years ago.

If someone could give me some advice as to what will happen to me? Could my bloods come back ok? Does it make it worse drinking on an empty stomach after being ill from a kidney infection?

if someone could shed some light I would be grateful

Danielle

 

[SeanJoyceStephensons]

It is always difficult to predict whether blood results will be above or below the prescribed limit as this is subject to a number of variables. If you provided a breath reading of 46 microgrammes some 45 minutes before providing a blood specimen, I would estimate that your blood reading will be between 85 - 100 milligrammes, the legal limit being 80 milligrammes.

I must stress that this is only an estimate and it may be the case that the blood reading may come back under the limit. It would be advisable to have your own specimen of blood analysed. A list of approved analysts can be found here.

If you were charged with drink driving I would expect your reading to be in the lowest sentencing bracket, meaning that you would be liable for a disqualification of 12 - 16 months and a fine. You should be offered a drink driving rehabilitation course, the successful completion of which would result in your disqualification being reduced by up to 25%. If convicted of that offence you would have a criminal record.

With regard to the insurance matter, you should comply with the producer and produce whatever insurance documents you have. The police will then make further enquiries to determine the extent of your cover. In general terms in order to drive other vehicles, an extension needs to explicitly stated on your certificate of insurance. There is no longer a general rule allowing all comprehensive policy holders to drive other vehicles.

If you would like to discuss your case with one of our specialist lawyers, please feel free to call 0845 002 0736.


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce