Your thoughts please Sean.........

Convicted Driver Insurance

signman

Well Known Member
Dear Sirs,

On Fri 2/10/09 I was stopped by a police motorcyclist after having travelled roughly 400 yards after getting in my vehicle. I was stopped roughly 300 hundred yards from my house.

As a result of him speaking to me and asking if I’d had a drink that night he said that I would be breathalysed and said he would have to wait because I’d informed him I’d only just finished a drink five mins previous. I do not know how long we waited in total for me to begin the roadside test.

As I had admitted having a drink he remarked "I wouldn`t worry about it because you certainly don`t look drunk". At this point I did ask him why he had stopped me, but I didn`t get a reply to that question. The officer wasn`t being rude but he continued talking, asking where I had come from. To which I answered.

I subsequently blew a reading of, I believe, 47. He then got on his radio and requested a van to come and pick me up. He told me I was arrested for giving a positive sample and explained the procedure that would follow regarding 2 more breath tests and the option of blood or urine after that. I do not recall him saying about my rights etc at this point.

When the van arrived behind us, he came round to the driver’s side and asked me to follow him to the back of the van. It was at this point he apologised to me and said he`d have to take my arm whilst going to the van as his colleagues were there. I got in the van and was driven to Cheadle Heath Police Station.

On arrival at the station they took my name, address etc. I believe it was at this point I was read my rights by the desk sergeant and asked if I had my own solicitor or would I like the Duty Solicitor. I opted for the Duty.

My first test at the station I again blew 47, the second I blew 49. I was then told that because I was under 51 mgs I could opt to give a blood sample, which I accepted. It was then that I was allowed to go to the toilet as I had been asking since being brought in and was then photo`d and had my fingerprints and DNA taken.

A nurse was then called to take my blood sample, of which I opted to retain my half of, for potential independent analysis.

I was then put in a cell until the alcohol in my system meant I could drive again. A short while later an officer came to tell me my Duty Solicitor was on the phone and would I like to speak to her or not bother?? I opted to talk to her to find out the next steps etc.

She advised me she had called earlier but was told I wasn`t available at that moment. I had no knowledge from anyone that a solicitor had called for me up until this moment. According to my breath alcohol test record my first sample was given at 11:46pm and I’m convinced my duty solicitor said she first called at 11:39pm. This would have to be double checked with Duty Solicitor firm. She explained that I would be kept there until the police were satisfied I was able to leave and they would do this by giving me another breath test, but this time using a roadside machine and not the one I had given two tests on in the police station. I was then put back in the cell for a further one and half hours until an officer came and asked "are you fit" to which I replied yes and was then told I was being released. I was not asked to provide another breath test to check my limits.

It was explained to me that I would be bailed until 7/11/09 and would then find out if I was to be charged after the blood results came back.

I have since had my blood sample independently analysed by driving to Wales and seeing a Dr. Griffths at Bangor Hospital. My reading came back 119 in 100 (blood). In the report, and at my request, were notes stating there was no time noted on the specimen bag AND no date or time on the sample bottle itself. I know for a fact that the room where my blood sample was taken did not have any cameras as we had to go into another room whislt the officer said something which he wanted on camera. I do not know what.

I have my own Ltd company which is just a one man band (me) providing signwriting to different pub company’s up and down the country and as such my ability to drive is vital or I can foresee my company being wound-up.

I have no previous convictions, and as such have no idea of the procedure in a Police Station. I remember being given a form at the front desk and just being asked to sign repeatedly where they had initialled. I have no idea what this was as was just doing as I was told. It did seem though as though it was to speed up there process etc. But they had not signed the form at the time of me signing it. I have no idea if this at all relevant but thought I would mention it.

Could you kindly offer your first thoughts on my case?

Sincerely
Signman
 
The legal limit for alcohol in blood is 108mg. There is a protocol of reducing the blood alcohol reading by a specific amount in order to ensure an accurate reading is given. This is usually expressed by the analyst as a reading "not less than...". You should check whether you independent analyst has followed the protocol.

The delay in allowing you to speak to your solicitor is not something that is likely to result in the sample being excluded in evidence. There is recent case law on this particular question.

The sample that will be relied on in evidence by the prosecution will be the sample retained by the police, rather than the one given to you. I would be very interested to find out how accurately labelled that sample was. At very least the prosecution will have to show that the sample analysed was your sample. This is usually done with labels, sealed evidence bags and reference numbers to distinguish your sample from anyone else's. There are various ways of proving the date and time that the sample was taken. This is an issue that should be dealt with during either primary or secondary disclosure under the Criminal Procedure and Investigations Act 1996. There are certain documents that you should request disclosure of but you should take specific advice about exactly which documents you should be looking for. If the prosecution refuse to comply then you have the option of serving a defence statement in an effort to force disclosure.

From what you say it sounds as though you may need to take specific advice about the procedure that was followed by the police in your case. In order to give this advice I would need to examine the evidence against you. If you want to make use of this service then please contact me direct and one of our team will help.
 
I have answered bail today to be told that my blood results are not back yet and have been re-bailed until 28/11/09 12pm.

I was told the officer in case had tried to chase up my results yesterday with no joy. The officer in case was also off today.

Will update more when i next answer bail.
 
Hi,

I have now answered bail and been charged. There results came back at 112 blood. My own independent results were 119.

I have been given a court date of 11/12/09 Stockport Magistrates.

Whole experience of answering bail in my case was very undaunting. Police officers were polite and explained everything. (Apart from one point.....i asked my arresting officer what it was that made him stop me in the first instance and he answered that he can`t remember as it was two months ago. He managed to remember i was self employed though and asked if my business had picked up since!)

Whole process only took about ten mins.
 
Well, i appeared in court just before christmas and went through all the disclosure documents with my solicitor. Based on what we saw and the fact that i wanted to see the DVD of my breath analysis to make sure it corresponded correctly with the form MG DD/A (as mentioned by my solicitor) , i pleaded not guilty.

One of the reasons for pleading not guilty is that is only when i could access the DVD from the prosecution. A case management hearing was set for 8th Jan so the prosecution could get availability of their witnesses.

After reviewing the DVD and audio tape which accommpanied it, it appeared the police had completed all the necessary steps required from them by law in relation to what they say to you whilst going through the breath and blood proceedure. Based on this i informed my solicitor that i wished to plead guilty and she duly notified the courts and prosecution on 23rd Dec, so as to stop them having to get availability of their witnesses etc and doing anymore work on my case, so as to get credit for not wasting their time etc...

8th Jan comes round, and instead of case management hearing i am tried as requested by myself. I took with me two character refs from serving police officers, one from my accountant in relation to how my business will be affected and one from my father who is registered disabled and needs me for transport.

Based on these references , and how my case was mitigated by my solicitor (plus i offered no excuses and admitted stupidity) i received a 12mth ban (drivers course offered and accepted therefore 9mths) £120 fine, £15 victims surcharge and £85 costs. This i believe was the best result i could hope for. Thanks mainly to how my solicitor mitigated i received full credit from the courts rather than reduced credit after having plead not guilty originally.

In summary this whole event has cost me a fraction under £2000 including my fine ,costs and solicitor fees.

Would i of got the same without paying for a solicitor and pleading guilty at first opportunity? Possibly as it was my first offence, reading was in lower bracket, but i would probably of received a higher fine and costs i imagine.

My reason for employing a solicitor was because i wanted/hoped for a technicality to avoid a ban due mainly to my business and they are the people who know what they are looking for and us as laymen would not have a clue and be at a loss. Unfortunately for me the police conducted themselves correctly and everything was in order , but i would not have had the opportunity to know this without my solicitor getting the evidence and going through it with me. It would of been double dutch to me.

As a side note to anyone weighing up the pros and cons of challenging a case against them, you will not get back all your costs if you win. Some law has changed meaning you will only get back your fees at the legal aid rate of £60 per hour (figure may be wrong but it is close). I did not become aware of this until after i employed my solicitor. Would i of still gone ahead? Probably, again because of my business.

So there it is, i`m banned. Now have a criminal record and a very empty pocket because of my own stupidity and belief i wouldn`t be caught.

All the best!

p.s to anyone who needs to get to different places each day check out traveline.com (or .uk, can`t remember) it links all the bus, trains and trams together.
 
Well, the end is in sight now. Only 13 days left!

Just waiting on my license being sent back after applying for it. £65.

Best quote i`ve had insurance wise is £670 fully comp from A-Plan. Previous to this i was paying £350 fully comp There was no accident involved in my case so i still had my full bonus.

To all the people thinking that it drags on forever, just hang in there and stay positive.
 
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