Advice for a passenger please!

Convicted Driver Insurance

samsam89

Member
Need some advice on what to do (6 weeks until I get my licence back).

I went out for a drink with some friends last night in a local town and the lift home I had organised let me down, so I went home with another friend who was heading that way. I knew he had had a drink or two but didn't think he was over the limit.

He crashed his car (with me in it) and subsequently legged it off and the car caught alight. I wandered 30-40 metres down the road and stood just off the road when the police arrived and pulled over. They took my name etc and I obviously told them I wasn't the driver and that I was just heading home from town.

My friend then appeared out of the bushes and wandered over (no idea why), and when the police asked for his details he gave a false name, which the officer rumbled straight away. He also was found to have a small quantity of cannabis on him (unbeknown to me!). The officer breathalysed him and he blew 60+. He was then arrested and the officer quizzed him further, to which he gave no replies and at no point said he was driving.

The officer said that he was pretty certain that my friend was the driver and I was the passenger but that because he couldn't be 100% he had to breathalyse me too. He did so, and because i'd been out drinking, I blew over aswell. I was also then arrested and we were both taken to the police station.

I was fully compliant with the police and constantly maintained that I had done no wrong, and that I was the passenger. My friend caused them a bit of trouble with resisting being brought into the station, so he was restrained and dragged in basically.

We both got breathalysed on the large machine and were both over the limit. Then I was placed in the cells and interviewed this morning. I told them exactly what had happened but I refused to tell them the name of the driver and said I didn't feel comfortable telling them his name Although they knew full well it was the other guy (constable said just as much to me), I got the impression they needed me to say his name in order to prove it.

I was then put back in cells and brought out an hour or so later. I have been bailed pending further enquiries with the alleged offence of 'Drive motor vehicle when alcohol level above limit', and asked to return to the police station in 1 month to see what happens, unless they contact me before then.

My friend has 4 alleged offences: drink driving, resisting arrest, perverting the course of justice, possession of a controlled substance (or whatever they call cannabis).

I'm worried that they've bailed me with an alleged offence when I have done no wrong?? Could I possibly be charged with this offence (or non-offence) even though I was a passenger in the car??

No admissions of guilt were made by my friend to driving and nobody witnessed the accident as far as i'm aware.

Where do I stand? Should I have told them it was him driving? Could I still tell them that?

What are the chance of me being charged with this, as it seems obscene to me?!
 
I think you need to wake up and smell the coffee ?! its hardly 'obscene' if the police find two people making off from a crashed car when they are both drunk. You are found already some distance from the vehicle and that you are making your way home, moreover I fail to see why you would not confirm the identity of the driver who has put you into such a serious position.
Overall they may decide to charge you both unless you start to address the position that you are in, if your friend decides to tell them everything then all well and good, but at the moment you are keeping quiet - why?
You state that you have 'done no wrong' apart from travelling with someone who was drunk, making off from the scene and not being cooperative on interview - not exactly a clean sheet.
My advice would be to contact the police officer in charge of the case and provide a statement immediately naming your friend as the driver, you then become a witness at Court in the case.
You are not going to like my advice but its the reality.
 
I think you need to wake up and smell the coffee ?! its hardly 'obscene' if the police find two people making off from a crashed car when they are both drunk. You are found already some distance from the vehicle and that you are making your way home, moreover I fail to see why you would not confirm the identity of the driver who has put you into such a serious position. Overall they may decide to charge you both unless you start to address the position that you are in, if your friend decides to tell them everything then all well and good, but at the moment you are keeping quiet - why?You state that you have 'done no wrong' apart from travelling with someone who was drunk, making off from the scene and not being cooperative on interview - not exactly a clean sheet. My advice would be to contact the police officer in charge of the case and provide a statement immediately naming your friend as the driver, you then become a witness at Court in the case. You are not going to like my advice but its the reality.
I have, since writing this post, been in touch with the DC in charge of the case and have told her I wish to make an additional statement and tell them who was driving.She tried calling yesterday however I missed the call and she is back in today at 2pm so I will call then and arrange to come in and tell her the identity of the driver in way of a statement.I realise I should have said at the time who it was driving. The duty solicitor I had advised me to say what I said. The chap is rather unpredictable and to be honest I didn't feel comfortable saying his name because I had to walk out of there and face him afterwards. Hindsight and what I think now is I need to look after number one and I'll try to do just that!
 
yes always look after yourself in a legal situation because the implications will affect you and no one else ! glad to see what you did and i am sure that it will all now be resolved in your favour - let me know how you get on, cheers
 
yes always look after yourself in a legal situation because the implications will affect you and no one else ! glad to see what you did and i am sure that it will all now be resolved in your favour - let me know how you get on, cheers


I went straight there after work yesterday upon her request and by the time I got there she had written up a statement which she read and went through with me adding various bits and bobs. She also got me to sign a medical consent form as I had to visit the Doctors surgery two days after the accident with bruising and pain to my shoulder (consistent with seatbelt). I showed her the bruising which has begun to fade and she acknowledged it was real.

To be fair to her she was really nice this time. She said she knows exactly what had happened and she knew what I was trying to say in the original interview, but she couldn't put the words in my mouth for me, it had to be me saying it. She said they were waiting for CCTV to come back from the car park he was parked in to see who got in the drivers seat which would hopefully come today. Theres a chance that it won't show anything as it's a roving camera. She also said there were no witnesses to who was driving but someone did see two people moving away from the car post-accident.

Thanks a lot for your advice, as it pushed me to get in touch and sort it out. Although I am still on bail I am hopeful all will be resolved on, if not before the 13th Nov when the bail date is. She said as soon as she hears anything then she will be straight in contact. Fingers crossed. If not, I'm sure a solicitor would love to fight this in court given that lack of proof.
 
yes definitely let me know how you get on and we would certainly be able to help if the wrong decision was made and they charged you with the offence, good luck and all the best
 
yes definitely let me know how you get on and we would certainly be able to help if the wrong decision was made and they charged you with the offence, good luck and all the best

I was re-bailed until the 10th Dec as they were waiting for my medical documents. They re-interviewed the other guy and told me no further action would be taken against me. He has been charged and is seriously p****d off with me.

His bail says he is not allowed to contact me directly or indirectly before his court date.

I know he messed up by doing it but I don't want to see a supposed "friend" get in hot water, not to mention the fact that I feel that I could get seriously done over by him after this is all through (he has a nasty streak and has already begun accusing me and calling me certain things).

If they request me to appear in court and give evidence, do I HAVE to go...? and if I were to stand there and say it was him driving and they present my injuries as evidence, does that guarantee his prosecution?

I don't want to see him done over for it even though he did wrong, and I also don't want to put myself into a certain situation after the court date...he would genuinely smash me in.
 
yes i would say that you would certainly need to go to court if asked, if you gave that evidence then he would be convicted. It is up to you to see the case through and now that you have made a statement you can be compelled to go to court. good luck
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top