Help facing court

Convicted Driver Insurance

NM3005

New Member
Hi, I stupidly drove home after a few drinks out (I was planning on walking but went to the car for my umbrella & decided I was okay to drive) on the way home I crashed my car - 2 people helped me & called my partner & took me home, I was hysterical - I even more stupidly had another drink to calm down. The police had been notified of the crash & knocked at the door - I was breathalysed & blew 93 - I was arrested & taken to hospital, after a few hours there the police doctor came & took a blood sample - I don't know what that reading was. Will the court use the blood or breath? After another few hours in custody I blew 0 on the machine. What is my likely sentence? I have never been in trouble before, I co-operated although they questioned my regarding the drink at home, they didn't believe that I did, regardless I will plead guilty, I will have to resign from my job - I won't be able to travel there. I just don't know what to expect - will I have to defend myself in court? I can't even speak about it without bursting into tears - I'm so ashamed. Any advise would be grately appreaciated, Many thanks, N
 
As you were taken to the hospital and provided a specimen of blood at the hospital, the police will rely on the result of your blood specimen in any prosecution against you. The roadside reading on a handheld device is not admissible evidence. If, however, the analysis of your blood specimen results in a comparable reading in blood, then you could fall in a sentencing bracket whereby the starting point for a ban would be 23 months and could go up to as much as 28 months. The accident will potentially aggravate any penalty which means it may push you up towards the higher end of the bracket. You will also face a community order alongside a ban and in most cases this takes the form of an unpaid work requirement.

Your case is certainly not straight forward and there are many issues that need to be considered and dealt with before the court can decide upon sentence. I would recommend that you instruct a solicitor rather than attempt to represent yourself. A guilty plea will result in a ban and a fine or a community order as outlined, however there are clear factors that need to be considered before you decide which way to plead, not least the fact that you have consumed alcohol AFTER the incident.

This type of matter is extremely technical and complex, not least due to the fact that matters have taken place away from the police station at a hospital where a specimen of blood has been taken. There may be avenues of defence to explore. I would strongly urge you to call our drink driving experts on 03333 233730 to discuss all available options open to you in more detail.
 
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Hi Sean,

Thank you so much for your reply. Since you replied, the police have been back to visit me to say that they made a mistake and 'jumped the gun' charging me & that my court date has been cancelled & I am bailed to return to the station when they have the results of my blood test. He said I would face a different charge, I'm a little confused, I didn't take a sample of my blood so I don't know what the reading will be, my life is in limbo at the moment as i was ready to resign from my job knowing I couldn't drive there. Would you advise still seeking legal advise of wait until the results come through? Many thanks, N
 
It may be that the result comes back under the limit but judging by your breath reading that appears doubtful. I would advise you taking some free, no obligation, legal advice at this stage to help get a better picture of what options are open to you before you go ahead and take steps to hand in your notice.
 
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