Backcalculation pending - Was not drunk at the time of the alleged incident.

[stickysituation]

To keep a long story short - Currently on bail, have been for the last 7 weeks, answer this Friday.

10.30pm - Report to police I was driving dangerously by a driver I had overtaken, who then proceeded to drive up my rear for a short distance and follow me into a public car park.
I then parked up my car and met my mates in the pub as I didn't think much of the situation at the time.

12.30am - Confronted by officers outside the pub who breathalysed me and placed me under arrest for drink driving. Unsure of roadside level. To note, at this time I did not have my car keys on me, as if I or any of my friends happen to drive out, then drink - another always takes the keys. (Just a precaution I guess)
1.30am - Evidential breath test, reading 75.

Released on unconditional bail pending Back Calculation.

Couple of days later receive NIP for Dangerous Driving and Careless Driving.

I am worried what is going to happen on Friday, I would never even consider drink driving so if I'm charged for this it would be devastating.

 

[SeanJoyceStephensons]

Presumably the police will be making enquiries to see if they can ascertain what time you arrived at the pub and whether you were drinking whilst there. To this end they will probably be checking CCTV footage, speaking to any witnesses etc. I cannot say whether you will be charged with this offence as this will very much depend upon what information is obtained by the police. If you are charged with the offence it is still far from certain that you would be convicted of drink driving. As you have been out with friends at this time you would be able to speak to them and see if they would be willing to attend Court as a witness, and also make your own enquiries regarding CCTV footage.

If the police decide to proceed with a charge of careless or dangerous driving then presumably this will be dependant upon the account of the other driver. From the account given it does not seem that this would constitute dangerous driving, however if you have cut in front of someone or something similar then you may be prosecuted for careless driving which carries 3-9 penalty points and a fine.

 

[stickysituation]

Thank you very much for your quick reply.
I assume the police officers knew I went into the pub as that is where they first came to look for me.
I had told them what I drank etc but they didn't bother asking me where or anything. Also for my Back Calculation I was not weighed or had my height measured, not sure if this matters.
I've been back to the pub on numerous occasions as it is my local, they have obtained some cctv from outside but I believe that is all. They also have not questioned any of the bar staff with regards to this. One bar man remembers serving me a bottle of wine at a certain time, how do I get this to become an official statement?

I will let you know how I get on tomorrow as I fear I may need some legal representation afterwards.

Again thank you for the advice.

 

[SeanJoyceStephensons]

At the very least the CCTV from the pub should show the time at which you arrived and the time at which you left the pub. If there is a two hour gap between your arrival and the police arresting you then I would be surprised if the police took the matter any further.

That being said if the police do decide to prosecute you then you are able to call your own witnesses to give evidence at Court, and this can include the barman who served you the alcohol.

If this is something you would like to discuss in greater detail after attending bail you are welcome to contact my department on 0333 999 7158.