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Thread: Reading of 103 - possibly spiked

  1. #1
    disgusted is offline New Member
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    Default Reading of 103 - possibly spiked

    Long story short I was driving. my car cut out and went into a barrier. no other cars involved and no people. Police were called.. I stupidly listened to my friend (due to to being scared and shocked) who told me to swap seats so she was in the drivers seat and to refuse a roadside breath test. we both got took to the station where I blew 103. Its no excuse but the only reason I drove was because she kept persisting and bullied me into taking her to a shop
    .
    However I received an odd message from her stating 'im done with things, tell them I spiked you if you have to. I'm sorry this happened'. I'm not sure how to take this? Would this be classed as a special reason? I went to the police station about it who told me to show the solicitor on the court date.. I have deleted her and blocked her on everything as I want nothing to do with her..

    Before we started drinking she got funny with me when I stated I wouldn't be able to drop her anywhere after as I would have been drinking.
    I also found out she went into A house where she no longer lives to receive something of hers but also stole a phone without the owners permission. Another reason I want nothing to do with her.

    as ive stated its no excuse but if she wasn't over I wouldn't have dreamt about driving after a drink as I think its a disgusting thing to do.. I told her before I wasn't driving that night. I had a bottle of wine at 11/11.30 and was taken to the police station at 5am? would this justify such a high reading? As far as I know me and this girl are on trial together but it sounds like she will not be attending.. Will her not showing up effect me in anyway?


  2. #2
    Join Date
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    Default Re: Reading of 103 - possibly spiked

    This all depends on what stage the proceedings are up to. If you have not yet attended court then this will not have been listed for trial at this stage. You will need to attend court and enter a not guilty plea in order for the matter to be listed for trial. Your case, however, sounds like it should be considered on the basis of a guilty plea with a 'special reasons' argument.

    The reading produced is dependent on the start and finish time of your drink together with factors individual to you such as you height and weight. An expert forensic toxicologist would need to consider whether this is an accurate reading several hours later.

    Drink driving is a strict liability offence meaning you do not have to drive over the limit knowingly. If it is established that you would have been under the limit at the time of the test, and there was clear evidence that any alcohol consumed as a result of your friend lacing your drink without your knowledge was enough to take you to the level of 103 at the time of the test, then this would could convince the court that there is a 'special reason' present. This would mean that you would still be convicted but the court may impose a lesser penalty or even no penalty at all. This is a difficult set of circumstances to prove and the burden would be on you to do so.

    Should you wish to contact a solicitor directly you can call 0333 323 3946.

  3. #3
    disgusted is offline New Member
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    Default Re: Reading of 103 - possibly spiked

    Quote Originally Posted by SeanJoyceStephensons View Post
    This all depends on what stage the proceedings are up to. If you have not yet attended court then this will not have been listed for trial at this stage. You will need to attend court and enter a not guilty plea in order for the matter to be listed for trial. Your case, however, sounds like it should be considered on the basis of a guilty plea with a 'special reasons' argument.

    The reading produced is dependent on the start and finish time of your drink together with factors individual to you such as you height and weight. An expert forensic toxicologist would need to consider whether this is an accurate reading several hours later.

    Drink driving is a strict liability offence meaning you do not have to drive over the limit knowingly. If it is established that you would have been under the limit at the time of the test, and there was clear evidence that any alcohol consumed as a result of your friend lacing your drink without your knowledge was enough to take you to the level of 103 at the time of the test, then this would could convince the court that there is a 'special reason' present. This would mean that you would still be convicted but the court may impose a lesser penalty or even no penalty at all. This is a difficult set of circumstances to prove and the burden would be on you to do so.

    Should you wish to contact a solicitor directly you can call 0333 323 3946.
    Court isn't for another 3 weeks..
    Am I better off getting a solicitor for this?
    I may have possibly still been over but not by that much

  4. #4
    Join Date
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    Default Re: Reading of 103 - possibly spiked

    Convicted Driver Insurance Quotes
    If you were still over the limit then the lowest ban you could face is 12 months. It may be that there is a possibility of obtaining an expert report to address the fact that your reading has been inflated to the excessive levels presented. It is then up to the crown to decide if they will amend the charge accordingly, to a lower breath reading. In the absence of an amended charge being put forward, it may be that the court are able to use their discretion to impose a lesser penalty. I would advise speaking with a solicitor.

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