spiked e-cig

[spiked]

Hi
Short story is : at 1am I had a about 480ml of cider (3.8%) . Knowing that I decided to drive at 2am, at 2:20 am I was stopped by police saying that it is late and that was their reason as well a probably they noticed that I was charged with DUI in 2012 , I was actually parking my car when they arrived. Then At 2:40 I had 0.42 in breath test. I was confused and scared of what will happen (ban for 3 years at least). But then next day I found out that my mate spiked my e-cig for fun and added 40% vodka to my tank (I had there some e-juice and it looks that he added about 3-4 ml), I was puffing this e-cig from about 1:30 am till I stopped my car and police arrived. Problem is than when I asked many forensic labs if they can produce report to that will prove that this e-cig get me to this limit, non of them never did such a thing actually but they are keen to try. I only managed googling for hours and hours that yes , inhalation of alcohol means that ot gets directly to blood stream passing by liver etc and that effects are similar except that you my not fill drunk as such. Many solicitors says that due to relatively low level case has chances , some of them wants to peruse special reasons , some of them police procedures (their paperwork etc).
Where I'm getting ready for complete crash down of my life as I know, because in the same week I was redundant so no car no new job , no new job , depts arising in matter of weeks to level where I will have go bankrupt. Well basely I'm done.
What are your toughs on this matter. I will add that I was driving 0.2 miles just to nearest car pack where I parked my car and second after police arrived

 

[SeanJoyceStephensons]

This is certainly an unusual case and not one that I have previously come across. I will say that expert evidence will be absolutely vital if you are to have any realistic prospect of avoiding a disqualification.

My own view of the matter is that you should look to pursue a special reasons plea rather than a full defence to the charge. If you were to pursue a defence based upon deficiencies with the procedures then there is no guarantee that any mistakes have in fact been made. You would be relying on mistakes made by the police rather than actively raising an issue regarding the spiking of your e-cigarette. If you were to argue special reasons successfully this would avoid the imposition of a disqualification.

If you are interested in obtaining legal representation you are welcome to contact my department on 0333 999 7158.

 

[spiked]

This is certainly an unusual case and not one that I have previously come across. I will say that expert evidence will be absolutely vital if you are to have any realistic prospect of avoiding a disqualification.

My own view of the matter is that you should look to pursue a special reasons plea rather than a full defence to the charge. If you were to pursue a defence based upon deficiencies with the procedures then there is no guarantee that any mistakes have in fact been made. You would be relying on mistakes made by the police rather than actively raising an issue regarding the spiking of your e-cigarette. If you were to argue special reasons successfully this would avoid the imposition of a disqualification.

If you are interested in obtaining legal representation you are welcome to contact my department on 0333 999 7158.

Solicitors advise me to challenge police procedures but as well as having in "pocket" special reasons , so not sure how I should understand that, I guess having unlimited finances we can keep argue in court and challenge each bit of this case until prosecution will have enough and drop or until we prove that lion 6000 was not good etc. (because I blow 0.41 at the car park, and then 0.44 and then 0.42) this apparently allow to rise question re brtehiliser because alcohol should drop not rise but then I know that this depends from how alcohol was digested... Still I really doubt if cider brought me to this level even if drunk quick. I'm still searching web from overt the world and no clear suggestions how inhalation of alcohol influence BAC except that it definitely do and people can get drunk very very fast from inhaling it and effects are wearing quick to (30 min). Well I guess I have to consider all options, see what will happen on first hearing and discussion face to face with solicitor , in the mean time I will get ready for change in my life and saying by by to my car for 3 years. (maybe at least they will manage to get me on rehabilitation course so it will be reduced to 27 months.

Thanks for your advise.

 

[SeanJoyceStephensons]

Just to clarify, you will not keep getting to have hearings about distinct and separate issues. You will likely have one trial hearing at which your solicitors will present your defence and challenge the prosecutions evidence. The problem you may face is that if the Court feel that the arguments raised are spurious then they may be less willing to accept your account regarding the spiked e-cigarette.

 

[spiked]

Just to clarify, you will not keep getting to have hearings about distinct and separate issues. You will likely have one trial hearing at which your solicitors will present your defence and challenge the prosecutions evidence. The problem you may face is that if the Court feel that the arguments raised are spurious then they may be less willing to accept your account regarding the spiked e-cigarette.

Just to update: It looks that I have made massive mistake by choosing certain soliciting company, all in all, first chat very reassuring just to make me safe, I pad deposit and then poor service started. First of all evidence should be passed to prosecution by 30/09. No one get back to me for any details on e-spiked cigarette, then when I called on 29th questioning what is going on , they took details and passed to forensic lab. No one answered to me what about dead line of 30/09. When report came in which wasn't in my favour, then they said that it isn't important this date and they advising for sentencing only. I checked report, it had wrong details (instead 1 hour of breathing in spiked e-cig) calculation was done for 15 min. When I asked to correct this outcome was exactly the same in terms of alcohol level. I started to think what would happen if report would be on my favour? Maybe because they missed deadline this was kind of fabricated...don't know. Second thing was that I contacted myself about 5 main forensic labs in UK each quoted me from £450 up to even £580. Subcontractor which this company used charged only £178 like for standard alcohol back track report. Again I questioned and I wasn't told much. All in All very poor communication, each time when I called I had impression that person on the other site don't know really what is going on. I asked for contact from principal - this was ignored too, all in all I agree for sentencing but I asked them what they will say , what mitigations facts they will use to somehow reduce fine at least etc. No respond and instead only request to pay last part of the money for representing me in court. Now I consider to not using them and go to curt myself with statement from myself , also explaining that Im entering into despite with solicitors that represented me , ignored me, took preparation very lightly, but I wonder would that not make court angry which will affect me worse. Can I just show up myself explaining that I have one statement from me to present and then after this statement court can make verdict on how long ban will take and what fine?

Thanks

 

[SeanJoyceStephensons]

Yes, you can represent yourself in court if you prefer. There is no requirement to have a solicitor. The duty solicitor will not be available to you.

 

[spiked]

Yes, you can represent yourself in court if you prefer. There is no requirement to have a solicitor. The duty solicitor will not be available to you.

Thank you and is this is just matter of statement from me when I will be asked to speak or I have to tell someone before case and do some special forms etc? My hope is that I will come in, register in court, when my time come in, I will read statement that I have despite with solicitors which represented me, read mitigation facts like poor preparation from solicitors, missing deadline of passing evidence to prosecution , short distance driven and ask politely for having DDRC so ban can be reduced by 25%.
I'm so frustrated, I understand now how this mechanism of this particular company was: principal chatting nicely to "get me in" and then once I paid deposit , my case is passed to people that are incompetent...how naïve I'm

 

[SeanJoyceStephensons]

Take a look at our guide to attending the magistrates court. Prior to attending at court take some time to prepare, in writing, what it is that you want to say. Magistrates sentencing guidelines for driving with excess alcohol contains a list of mitigating and aggravating factors that the court will take into account and your mitigation should address these factors as far as possible. Make sure you take your driving licence with you to court.

When you arrive at court make yourself known to the usher. Ask for a means form and complete it with details of your income and outgoings and then hand it back to the usher before your case is called on.

Once you are called into court the justices clerk will ask you some questions to identify you and confirm details about your case (what you're charged with and where the case is up to). The prosecutor will then speak and provide the court with a summary of the facts of the case.

You will then be asked if there is anything you want to say. At this point you can read your statement but be prepared to answer any questions that the justices clerk or magistrates might have.

The magistrates may retire for a few minutes to discuss your case and decide what to do. When they return they will tell you what your punishment is. You will be asked to hand in your driving licence.

Good luck

 

[spiked]

Take a look at our guide to attending the magistrates court. Prior to attending at court take some time to prepare, in writing, what it is that you want to say. Magistrates sentencing guidelines for driving with excess alcohol contains a list of mitigating and aggravating factors that the court will take into account and your mitigation should address these factors as far as possible. Make sure you take your driving licence with you to court.

When you arrive at court make yourself known to the usher. Ask for a means form and complete it with details of your income and outgoings and then hand it back to the usher before your case is called on.

Once you are called into court the justices clerk will ask you some questions to identify you and confirm details about your case (what you're charged with and where the case is up to). The prosecutor will then speak and provide the court with a summary of the facts of the case.

You will then be asked if there is anything you want to say. At this point you can read your statement but be prepared to answer any questions that the justices clerk or magistrates might have.

The magistrates may retire for a few minutes to discuss your case and decide what to do. When they return they will tell you what your punishment is. You will be asked to hand in your driving licence.

Good luck

Hi,
just to uodate : I did it and I did wery well, I have presented mitigating facts and magistrate offered me DDRC as well as I got minimum fine based on my income.
To all that read this, do not use National Motoring Lawyers- they are veryoor in service, strategy is: Guy called Gary chatting you in to make you calm and safe, once you pay deposit you are passed to some contractors etc and they don't care, in my case, very poor preparation, missing deadlines.