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
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