DUI after being stabbed

Convicted Driver Insurance

davidjones

New Member
I had just just got a new job one I've been trying to get for months and decided to go out to celebrate it as well as being my mate's birthday. I only ever go out on special occasions so thought I would this night, what a mistake that was.

I decided to drive to the club this time as I was running late and was going to meet everyone there. I planned to leave the car there and stay at my brothers girlfriends house and wanted to go into the town in the morning as I live about 20miles away. Upon arriving I realised I had left all my belongings at home, phone, money, ID, fags basically everything.

In the club we was given a bottle of champagne to celebrate I only had two glasses. The club finished at 3 and I had lost my brother and obviously as I did not have my phone I had no way of contacting him so I decided to go to my car. My friend was with me at this time and as I was waiting I decided to sit in the back and rest as for some reason I felt very tired and drunk but I don't get how.

The police came to my car about half hour later as they saw the lights on sitting in the car park. The officer came to the window and saw I was asleep in the back and said to my mate that, that was fine and the keys was only in the ignition for the heating, the police left at this point. A little while after I still had no contact (mates phone was dead btw) so we decided to have a walk round see if we could find him or anyone else. This was about an hour after the club had closed. Upon walking round we bumped into a large group of makes around 8-10 they hadn't been in the club previous and was basically looking for trouble. They had already been starting on a few other guys that was there as well and we all got caught up in the middle of it. It all kicked off, my mate was very badly beaten and was being stomped on, on the floor and everything. I was also quite badly beaten but held my own a lot better. I hit my head quite hard and suffered abit of amnesia so I can only say what I remember.

The police arrived and to be honest I ran round the corner as I did not want to be arrested for something I was just caught up in. My mate was taken to hospital and I was waiting round the corner for about 20-30mins. At this time I finally found my brother but instead of helping me he decided to have a massive go at me saying I leave you for 10mins and you get yourself into this mess. My brother is everything to me and the fact of him having ago at me really got to me and I became very emotional and decided to walk away. I ended up at an alley while I was there the boys that had started it came round that corner and saw me and continued to harass me. One got a blade out stabbed me in the arm, chin, sliced my finger and then stabbed me in the groin area. The blade had gone through my top, belt, jeans, boxers and about cm into me. If it was a cm about it would have gone through my stomach and I may not be here today.

Not only had I been attacked once but they came back to finish what they started and with lethal force this was no accidnelty stabbing this guy full on came at me to cause serious harm. I stumbled back into the car park bleeding everywhere, my brother had disappeared, no one was about it was about 5-5:30am at this point and it was dead. I had no phone, no money and no help. I walked further away into a more busier area but still could not find anyone or help. I was stranded, alone, bleeding, no contact with anyone, crying, feared for my life, had even soiled myself a little bit, they had already come back once I did not know if they would come back again maybe to get there car from the car park, I just did not know.

I could not find my keys so it's not like I could of locked myself in the car for safety. I layed down on the other side of the car so they couldn't find me and hoped someone would help me as I couldn't handle moving about anymore because of my injuries. Around 7pm my friend turned up, the one that had been beaten he had just been to the hospital and looked at me and said you need to go to the hospital now considering I had been bleeding for a good 2hours now. It was very overwhelming at this point having someone tell me what bad shape I'm in and that I needed help.

He found my keys under the car so we sat in there. I took my belt of and had a proper look at my injuries. I did not want to drive but I had no contact with anyone for help, his phone was dead and he said that he saw a group of boys still hanging around about a 3/4 a mile away. I decided I needed to head into the high street for help it was about a 200yard drive. I started to drive and because of my injuries it was very painful but I was driving 100% fine. I went round the roundabout and took the turning into a road that had takeaways/garages etc to I could seek help. As soon as I turned down this road I noticed a police car behind me. I hesitated on wether to stop and let them help me but also feared that they would try and arrest me.

After about half a mile I decided no I need help so I indicated left and pulled over. As soon as I was stopped the police car pulled up behind me and came to my window. He looked at me and saw blood everywhere but instead of checking my welfare decided to just put a breathalyser in my face. The officer said what have you done to my machine as he said it didn't work at first. He did not show me any readings but said I blew a 63, I was handcuffed and arrested. The officer said to my mate if he would be okay because of the incident earlier and it was the same officer that had seen him when he got beat up so he knew already that we had been involved in that situation. So I believe that they was waiting for my car to move and wanting the arrest despite my injuries.

After being arrested they did not check my injuries but simply asked me about them. The nearest hospital was about 5miles away but decided to take me to one 20miles away as its nearer the station I was going to be held at even though I was still bleeding and in pain. After being treated at the hospital I recived stitches and cleaned up. I was taken to the station, I asked about my car and they said it was safe and secure.

At the station I blew 63 again I was looking at the machine and it said empty specimen or invalid specimen or along them lines but they said it was a 63. I did not believe I was drunk 100% I had only had two glasses, unless it was spiked there was no possible way I would be drunk. After this I said that I wanted a solicitor and I wanted to do my own independent test if it was my own breathalyser or given my blood to test myself.

They locked me in the cell for a few hours before I was seen by a medical person to access my injuries. In total I had 18 different injuries. I was put back in the cell and still was not given a solicitor. I was then told to do a statement, the police officer done a very short statement and put down that I didn't know I was stabbed only when I saw the injuries that I knew I had been. I said I knew I had been stabbed but again he tried to correct me and said 'no but you only knew from the wounds that it was a knife', at this point I could not be asked to argue, I signed the statement and just wanted to leave. I was in pain, tired and depressed that I had been arrested but I 100% corporated.

After being released I was given a court date for 4weeks time. I was picked up and I rested for about two days before I was given a lift to pick up my car. Upon getting to my car, the doors where unlocked, the lights had been left on and the battery was flat. The police assured me that it was safe and secure, how can they drive away with the lights still on the motor.

After 4-5days my wounds got infected and I had to go to an emergency out of hours GP to get antibotoics as they started to swell the size of a tennis ball and pussing. The police contact me about a week after the incident saying they have arrested an individual with a blade and who has admitted to being in a fight in that area. The blade had blood on it so the police came to my house to take an DNA sample to see if it's a match. Still waiting on results though. I am very ashamed of myself and depressed as I knew I should have not broken the law but felt I had no choice but to as I generally cared more about my welfare.

I was later told that my brother had been in contact with my nan (who I live with) and she had gotten up to come get me but did not know where to go as my brother had lost me, they later lost contact As his phone also died.

I will be getting a solicitor to fight the charge as I just can not get a disqualification. I have just got a new decent job but is 50miles away and at nights so I would lose my job.

My goal was to save £850 from this job and train to be an HGV driver in the future obviously this would mean that my whole career choice would be ruined. My friends and family all live 10-30miles away, my social life, job, hobbies including gym and football will all go including my gf of 2years will most certainly leave me and I know I will go into a heavy depression as I had just got my life sorted and I get done for something I just could not do anything about.

I am so upset that I have been caught up in this just because other people wanted trouble and that chapter 2 (being caught) would have never happened if I had my phone, my Nan knew where I was or if I had not been stabbed and feared for my life. I had 100% no intention of driving otherwise. Please advice

This is my first offence, i have been driving 3 years+

Thanks
 
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If you have driven in an emergency, where you have been at risk of a potentially fatal attack then this can provide grounds on which to raise a defence to the allegation of drink driving. The slightly lower threshold occurs where there is a risk of assault or lower level harm, in which case a special reasons plea can be argued at this time. A special reasons plea differs from a not guilty plea as you would in fact be accepting the offence, however the argument raised is that the circumstances of the offence are so unusual as to give the Court grounds not to impose a disqualification.

One point that may be of concern to the Court is the length of time that you have left it between the incident occurring and your decision to drive the vehicle to look for help. As the high street was only 200 years away they may query why you had not gone there when walking around and looking for help. Similarly as the keys were under the vehicle the prosecution may query why it was that you did not see them when lying down next to the car for an extended period of time.

I am not looking to criticise your actions at all but this is unlikely to be a straightforward case with any defence/special reasons plea that is raised. If you are looking to proceed down this route I would strongly advise that you obtain legal representation. If this is something you are interested in then you are welcome to contact my department on 0333 999 7158.
 
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