Advice please, being charged with DD (second offence) and car was broken down!!!!!!

Convicted Driver Insurance

Naive Plonker

New Member
Wondered if anyone could help?

I returned from shopping to find I had left my car lights on and this had run the battery flat.
I phoned around familly and friends to see if anyone could help but nobody could so I decided to leave the car where it was.
I then went out with friends and had around 4 pints of lager, on my way home I passed the car and realised it was in a permit holder only bay, there were some voucher bays nearby so I and a couple of friends tried to move the car with the handbrake off (I stupidly got into the drivers side to take this off), we tried but couldn't do it so I gave up.
What I didn't know is an off duty special constable had phoned and reported what we were doing and that one of my friends had asked if he had jump leads (I did not ask this as I was never going to drive the car at all) as he drove past.
The police turned up and even though I was not in the car, advised that they were going to arrest me for drink driving. At this point the off duty officer came over and verbally advised what he had seen Thus confirming in his statement that the car was broken down and not being driven!), I felt like I was being set up and when I was asked to give a breath test, I refused because I felt as I had not driven the car whilst drunk and was not in the car when the police arrived they had no right to ask me!

I was arrested and taken to the police station where I fully co operated, gave a breath sample of 90 and then waited 9 hours to be interviewed, my solicitor said because I had admitted being in the drivers seat, I had little or no chance of a full defence but may be able to use 'short distance' as a mitigating factor on the basis that I only intended moving the car 2 car lengths to the parking bay and the engine was not running and the car being driven. I was bailed to re appear in court on 19th March 2013.

I have three main questions.....
1. why have I been charged with Driving or Attempting to Drive instead of In charge of a motor vehicle whilst under the influence? - The DD charge will carry a mandatory 3 year ban regardless of any mitigating factors whereas the in charge of a vehicle whilst drunk does not
2. If I plead guilty but explain in a letter the course of events, will the Magistrates consider reducing the charge to 'In charge of a vehicle' or simply sentance me on what I have been charged with.
3. If I plead not guilty to the higher charge of drink driving, do I have a good chance of being found not guilty or having the charge reduced down to 'in charge' or am I risking a greater punishment.


I have little or no funds to mount a defence, I may have to represent myself if the duty solicitor will not take the case on the day and if I am given a custodial sentance (2nd offence in 10 years - last offence 8 years ago) I will lose my Job.

Please any help or advice will be greatly appreciated!!!

Thank you in advance
 
please help me.

i recently got my licence back and its only been 2months when i got stopped, the first offence was failling to provide i was banned for 18months.
i was stopped by police and was told my lights were not working,at this time i was trying to get to a hospital as i was not feeling too good, i kept bringing up bile butthey really could not care less and asked if the car was mine and if not stolen, i told them it was mine and i have details of were i got the car from, i gave them the details of the girl who got me in contact with were i got the car from, they took the details and asked me if that was infact me in which i told them no and corrected the officer that i gave him those details to check it out since he was saying car was being checked
and after all the confusion i gave him my name and he told me that well you know you have been charged with drink before and asked me if i had anything to drink at all on the day and i told him i had a small glass of wine luchtime with my meal, and it was now 9pm and told him i have calculated to be safe, he turn around and said well he could smell it on me. and told me to do breath tests in which roadside and station incomplete so i was charged with failling to provide, i pleaded with the officer that if he can please take blood even urine and he refused, i asked if the cameras were working as he kept saying im fed up with this and no blood or urine, i did tell him that iam not refusing but iam in a position were i am finding i will get charged but he refused.
i listened to all the comments he was saying that my car was marked, i was driving eratic, i smelt of alcohol all this was said after the checks were done.

i was sent to the big court, without even been released, i then spoke to a duty solicitor who said he cant say much till legal aid is done, but after i spoke to him he told me to plead not guilty and he will request a video

I really am in a dark place right now please help me, i see myself in a jail cell. what is going to happen
i live in scotland
charges are rta 1988 s6(1) 6(2) 6(6)
rta 1988 S7(6)
attempting to pervert the course of justice[/ I haven't got answers yet and I think police do whatever they want, its looks like a set up
 
Wondered if anyone could help?

I returned from shopping to find I had left my car lights on and this had run the battery flat.
I phoned around familly and friends to see if anyone could help but nobody could so I decided to leave the car where it was.
I then went out with friends and had around 4 pints of lager, on my way home I passed the car and realised it was in a permit holder only bay, there were some voucher bays nearby so I and a couple of friends tried to move the car with the handbrake off (I stupidly got into the drivers side to take this off), we tried but couldn't do it so I gave up.
What I didn't know is an off duty special constable had phoned and reported what we were doing and that one of my friends had asked if he had jump leads (I did not ask this as I was never going to drive the car at all) as he drove past.
The police turned up and even though I was not in the car, advised that they were going to arrest me for drink driving. At this point the off duty officer came over and verbally advised what he had seen Thus confirming in his statement that the car was broken down and not being driven!), I felt like I was being set up and when I was asked to give a breath test, I refused because I felt as I had not driven the car whilst drunk and was not in the car when the police arrived they had no right to ask me!

I was arrested and taken to the police station where I fully co operated, gave a breath sample of 90 and then waited 9 hours to be interviewed, my solicitor said because I had admitted being in the drivers seat, I had little or no chance of a full defence but may be able to use 'short distance' as a mitigating factor on the basis that I only intended moving the car 2 car lengths to the parking bay and the engine was not running and the car being driven. I was bailed to re appear in court on 19th March 2013.

I have three main questions.....
1. why have I been charged with Driving or Attempting to Drive instead of In charge of a motor vehicle whilst under the influence? - The DD charge will carry a mandatory 3 year ban regardless of any mitigating factors whereas the in charge of a vehicle whilst drunk does not
2. If I plead guilty but explain in a letter the course of events, will the Magistrates consider reducing the charge to 'In charge of a vehicle' or simply sentance me on what I have been charged with.
3. If I plead not guilty to the higher charge of drink driving, do I have a good chance of being found not guilty or having the charge reduced down to 'in charge' or am I risking a greater punishment.


I have little or no funds to mount a defence, I may have to represent myself if the duty solicitor will not take the case on the day and if I am given a custodial sentance (2nd offence in 10 years - last offence 8 years ago) I will lose my Job.

Please any help or advice will be greatly appreciated!!!

Thank you in advance

This is somewhat similar to mine, solicitor told me plead not guilty, car was taken seized I don't know if I am going to jail but so in a dark place I am a nurse too , il loose job
 
Wondered if anyone could help?

I returned from shopping to find I had left my car lights on and this had run the battery flat.
I phoned around familly and friends to see if anyone could help but nobody could so I decided to leave the car where it was.
I then went out with friends and had around 4 pints of lager, on my way home I passed the car and realised it was in a permit holder only bay, there were some voucher bays nearby so I and a couple of friends tried to move the car with the handbrake off (I stupidly got into the drivers side to take this off), we tried but couldn't do it so I gave up.
What I didn't know is an off duty special constable had phoned and reported what we were doing and that one of my friends had asked if he had jump leads (I did not ask this as I was never going to drive the car at all) as he drove past.
The police turned up and even though I was not in the car, advised that they were going to arrest me for drink driving. At this point the off duty officer came over and verbally advised what he had seen Thus confirming in his statement that the car was broken down and not being driven!), I felt like I was being set up and when I was asked to give a breath test, I refused because I felt as I had not driven the car whilst drunk and was not in the car when the police arrived they had no right to ask me!

I was arrested and taken to the police station where I fully co operated, gave a breath sample of 90 and then waited 9 hours to be interviewed, my solicitor said because I had admitted being in the drivers seat, I had little or no chance of a full defence but may be able to use 'short distance' as a mitigating factor on the basis that I only intended moving the car 2 car lengths to the parking bay and the engine was not running and the car being driven. I was bailed to re appear in court on 19th March 2013.

I have three main questions.....
1. why have I been charged with Driving or Attempting to Drive instead of In charge of a motor vehicle whilst under the influence? - The DD charge will carry a mandatory 3 year ban regardless of any mitigating factors whereas the in charge of a vehicle whilst drunk does not
2. If I plead guilty but explain in a letter the course of events, will the Magistrates consider reducing the charge to 'In charge of a vehicle' or simply sentance me on what I have been charged with.
3. If I plead not guilty to the higher charge of drink driving, do I have a good chance of being found not guilty or having the charge reduced down to 'in charge' or am I risking a greater punishment.


I have little or no funds to mount a defence, I may have to represent myself if the duty solicitor will not take the case on the day and if I am given a custodial sentance (2nd offence in 10 years - last offence 8 years ago) I will lose my Job.

Please any help or advice will be greatly appreciated!!!

Thank you in advance
I was advised to plead not guilty as I honestly pleaded for them to use other means blood or urine , I am really in a bad place right now , 2nd dd il loose my job, so your solicitor is he on the not guilty plea, ask around as well other solicitors see what other ways can be applied
 
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