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Thread: DUI- advice needed

  1. #1
    abcdefg is offline Member
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    May 2013
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    Default DUI- advice needed

    Hi

    This weekend I was detained for driving under the influence of alcohol. I was taken to the station and blew 50 and 59 through the machine, however this was deemed to be inaccurate and I gave a blood sample (for which I am awaiting the results). I blew the reading at 3 am, blood taken at 5 am and released (being deemed to be an acceptable level) at 6.30 am. Whilst it's fair to say I am bricking it about the results of the blood test, I have a few questions about the procedure that don't add up and I wondered if you can help.

    I was followed down my private road as it was suspected that I was driving erratically. I was then not in the vehicle when pounced upon by 2 officers. I was handcuffed and immediately put in the back of the vehicle and carted away to the station. In the back of the vehicle the officers had some equipment of some sort that fell on top of me whilst they were tearing their way to the station. Ironically when I tried to move them from me I was advised I would be arrested for criminal damage! I arrived at the station and the rest you know. I wasn't interviewed and I seem to recall them mention that they had some CCTV.

    Are they able to follow and detain me on private property on suspicion driving erratically?
    At no point did they read me my miranda and stated my right to silence. Is this normal? I did mention this several times to them in the station however they stated that this is down to the detaining officers.
    I was not in the vehicle at the time. Can I still be detained for the alleged office 'Drive whilst unfit through drink'?
    The custody sergeant confirmed that I had not been arrested and that I was being bailed pending investigation. Is this usual?
    I have been advised that I must surrender to detaining station in a couple of weeks, but I'm not sure of the potential outcome....
    I have been advised that I am able to continue to drive. At what stage, if any, will I have license revoked? At this date or if it goes to court?

    Thanks in advance


  2. #2
    abcdefg is offline Member
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    Default Re: DUI- advice needed

    Also when I was released, I blew 39. Is it normal to let someone go at that level?

  3. #3
    abcdefg is offline Member
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    Default Re: DUI- advice needed

    Are you able to offer any clarification? Anything would be useful.

    Thanks again in advance

  4. #4
    Join Date
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    I represent people accused of road traffic offences all over England and Wales
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    Default Re: DUI- advice needed

    Unfortunately the police are still able to arrest you on suspicion of driving with excess alcohol even if you were not in the vehicle at the time and even an unlawful arrest does not necessarily stop them from prosecuting you for drink driving.

    As the police do not have an accurate reading of your alcohol levels at the time of the incident they could not charge you with the offence, this is why you have been bailed back to the police station pending your blood results. If your blood sample is over the limit then you will be bailed to attend the Magistrates Court, you will only be disqualified from driving once the Magistrates sentence you.

    If you would like to discuss this further please feel free to call my office on 0845 002 0736 and ask to speak to Alex.

  5. #5
    abcdefg is offline Member
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    Default Re: DUI- advice needed

    Right, so a bit of an update. Got my blood results back. 123mg per 100ml. I havent sent mine off because I think it might be a pointless and expensive task. in court on 19th. Realistically, do you even think its worth being represented and pleading a case, or just hold my hands up and deal with an inevitable ban?

  6. #6
    Join Date
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    I represent people accused of road traffic offences all over England and Wales
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    Default Re: DUI- advice needed

    Convicted Driver Insurance Quotes
    Whether or not you should instruct a solicitor is entirely your decision. Being represented in the hearing can help to keep the disqualification down to a minimum, however if you do not rely on your licence for employment then you may decide it's not worth instructing a solicitor.

    My department specialises in this area and we can give you a fixed fee quote over the phone if you are looking for representation, you are welcome to call us on 0845 002 0736.

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