Drink Driving Absolute Discharge Mitigating Circumstances

[Andy1965]

Advice required,

I was arrested for drink driving and subsequently pleaded guilty to the offence. However due to the mitigating circumstances I received an absolute discharge from the court.

However on the night of the offence the Police searched my house under sect18 whilst I was in custody. As far as I am concerned there was no legal right for the Police to do this. They did seek my permission to search my house voluntarily when I raised a 'Hip flask' defence

All the literature I can find states that the Police can search any premises when a person has been arrested for an indictable offence. I cannot see any information to say that drink driving is such an offence.

Any advice would be appreciated

 

[SeanJoyceStephensons]

Could you just confirm, when the police sought your permission to search your house, did you grant them permission or did you refuse?


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce

 

[Andy1965]

Hi,

I was arrested at 1.45am and blew 52 on the camic machine.I had not raised the issue of the hip flask defence when I was being processed as at the time I was in complete shock at having been arrested and did not fully understand the questions that the Sgt was asking(my fault I know) I was then placed in a cell. My house was searched at 4.20am under a section 18. There is nothing on the custody record as to the grounds for the search. I was interviewed at 1pm the following day and I raised the hip flask defence and gave the officers permission to go to my home address to seize the alcohol. When we went to my house there was a yellow copy of the search form in my kitchen. The officers with me even said that there was no power to enter to search under an 18 as my offence is summary only.There were no other offences being looked at and it was purely drink driving. ( I reversed a car five feet to park it better and the Police were some 25ft away at the time)