Jo Smith
Member
Hi need some advice as worried sick. Wednesday evening prior to Christmas I was collecting my 10 year old and his friend from a local Cub group. Close to where the other 10 year old lives I was involved in a very minor RTC no damage to my vehicle and certainly no injuries.
I made sure the two kids were fine and got the friend to his house prior to dealing with the other vehicle. I gave them my details and their behavior concerned me, the TP also said they could smell alcohol and they also said they're calling the police, as I had given them my details (including address) and as I also had my 10 year old with me, I didn't feel comfortable waiting and I was in shock given the fact I had two kids with me and been involved in this minor RTC.
I then took my lad home which is literally a minuet around the corner. I very stupidly then in hindsight downed nearly 3 liters of 7.5% cider to calm me down, on an empty stomach.
Apparently 8 minuets later the police arrived at my home, asked if I've had a drink within last 20 minuets to which of course I said yes so we waited 20 or 30 minuets and was bretherlized and of course failed. I was then arrested taken to station and gave a breathe reading of 91 and 95 within the space of a minuet or so apart. I was detained overnight and interviewed with the presences of duty solicitor and gave my account.
I don't believe they believe me and the arresting officer implied I was already under the influence when he arrived at my house. I have been released under investigation and apparently they are looking to do a BAC calculation. Having never been in this situation before I am obviously quite worried and from researching I understand if CPS decide to prosecute I'm facing a ban of 23-28 months plus community services although I'm only just in the third sentencing bracket but I guess there is aggravating factors? - involved in an RTC (albeit very minor) and children/passengers on board.
I also now understand the burden of proof, based on a balance of probability (greater than 51%) rather than beyond reasonable doubt is on me to show I wasn't drunk at the time.?
At time of arrest I had the bottle next to me and this was taken as "evidence" although not put in a bag or anything. As only one breathe test was conducted giving the two readings of 91 and 95 respectively, approximately an hour and half after being arrested and two hours after driving (
no time shown on the printout I have - is this a technical defense?I made sure the two kids were fine and got the friend to his house prior to dealing with the other vehicle. I gave them my details and their behavior concerned me, the TP also said they could smell alcohol and they also said they're calling the police, as I had given them my details (including address) and as I also had my 10 year old with me, I didn't feel comfortable waiting and I was in shock given the fact I had two kids with me and been involved in this minor RTC.
I then took my lad home which is literally a minuet around the corner. I very stupidly then in hindsight downed nearly 3 liters of 7.5% cider to calm me down, on an empty stomach.
Apparently 8 minuets later the police arrived at my home, asked if I've had a drink within last 20 minuets to which of course I said yes so we waited 20 or 30 minuets and was bretherlized and of course failed. I was then arrested taken to station and gave a breathe reading of 91 and 95 within the space of a minuet or so apart. I was detained overnight and interviewed with the presences of duty solicitor and gave my account.
I don't believe they believe me and the arresting officer implied I was already under the influence when he arrived at my house. I have been released under investigation and apparently they are looking to do a BAC calculation. Having never been in this situation before I am obviously quite worried and from researching I understand if CPS decide to prosecute I'm facing a ban of 23-28 months plus community services although I'm only just in the third sentencing bracket but I guess there is aggravating factors? - involved in an RTC (albeit very minor) and children/passengers on board.
I also now understand the burden of proof, based on a balance of probability (greater than 51%) rather than beyond reasonable doubt is on me to show I wasn't drunk at the time.?
At time of arrest I had the bottle next to me and this was taken as "evidence" although not put in a bag or anything. As only one breathe test was conducted giving the two readings of 91 and 95 respectively, approximately an hour and half after being arrested and two hours after driving (
) and from the BAC calculations I've done, the reading appears to be about six units short, although I did state at interview the bottle wasn't quite full and the reading appears to be increasing 4 ug in a few minuets? I also did pee once prior to taking the evidential breathe test, no other samples taken.
Prior to collecting the boys from cubs I had been working from home saw my family and left around 18:30/19:00 to do some shopping at local supermarket and left at around 8pm till receipt to prove this and then drove the short few miles to collect kids from cubs at 8:30pm incident happened about 8:45pm.
Whilst I'm waiting to hear back was told may get a summons through the post, is there anything I should be doing to help my case or wait and see?
If CPS decide there is a case to answer, what are my chances? I know it looks bad - The TP statement stating smelt of alcohol 9part of reason why I also left is they were filming me too) and arresting officer stating I was under the influence very shortly after the incident as well as drinking a large volume in a short space of time, with no witnesses, toxicological possibly show reading is low and the onus being on me to prove I hadn't been drinking prior to driving...
OTOH in my defense - arrested at home not at road side, next to the alleged bottle of alcohol I had just consumed, only breathe taken approx an hour and half, two hours after alleged post incidental drink and shown to be rising. I'm nt been charged with failing to stop or give details or any other driving offence, as I did indeed stop give my particulars and as no injuries left.
I work as an NVQ assessor and so need to drive (
on my own insurancePrior to collecting the boys from cubs I had been working from home saw my family and left around 18:30/19:00 to do some shopping at local supermarket and left at around 8pm till receipt to prove this and then drove the short few miles to collect kids from cubs at 8:30pm incident happened about 8:45pm.
Whilst I'm waiting to hear back was told may get a summons through the post, is there anything I should be doing to help my case or wait and see?
If CPS decide there is a case to answer, what are my chances? I know it looks bad - The TP statement stating smelt of alcohol 9part of reason why I also left is they were filming me too) and arresting officer stating I was under the influence very shortly after the incident as well as drinking a large volume in a short space of time, with no witnesses, toxicological possibly show reading is low and the onus being on me to prove I hadn't been drinking prior to driving...
OTOH in my defense - arrested at home not at road side, next to the alleged bottle of alcohol I had just consumed, only breathe taken approx an hour and half, two hours after alleged post incidental drink and shown to be rising. I'm nt been charged with failing to stop or give details or any other driving offence, as I did indeed stop give my particulars and as no injuries left.
I work as an NVQ assessor and so need to drive (
) and if convicted I will lose my employment when I haven't done anything wrong. I'm also concerned that as I have previously discussed with my GP my binge drinking habits both prior and post incident whether they will now write to the DVLA anyway and look to revoke licence on medical grounds, although I have had blood test done approx six to 12 months ago which came back as normal.
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