My situation, what do you think?

Convicted Driver Insurance

TR-Day

New Member
approx 6 weeks ago I was released under investigation for suspected drink driving. The car involved with actually a courtesy car from the dealership of my wife's car...though i signed it out from the dealership. From what the police told me the car was involved with a slight incident with another parked car (the police showed me the pictures and it looks like a scratch across the front panel). The car had also crashed into an iron fence/gate but from what they said that didn't sound like much damage either.

Anyway when the police turned up I was walking towards them with a group of people, there was a group of people already with them. Someone mentioned my name in the group and the police officer heard, he asked me to confirm my name and when I did I was breathalysed and arrested. I was taken to the station for the night and interviewed the next day. Before i was interviewed I had the duty solicitor. I didn't trust him after he started telling me that if someone else was driving or had taken the car and i didn't name them the police would keep me there until I did. I lived hundreds of miles away and had a young baby to get back to. So, i elected to "no comment" the interview.

There was no cctv, I wasn't arrested at the vehicle and did not have the keys on me. As far as i am aware the only witness was the owner of the venue who i think in all honesty only mentioned me as a hear say type thing. There were a group of people there and if they had seen someone in the car it wasn't me. I can't be sure and i am worried that this witness bends the truth or worse lies. The other witness is apparently the owner of the stationary car that was hit...he says the driver got out and looked at the crash then got back in and drove off. This doesn't sound right with the events I've been told and if he had saw the person...and thought that it was me surely I would be ID'd properly? Or are the police going to show him a photo of me now (taken from the police station) and say "this is the guy you saw right?" wink* wink*.

I've been reading topics here for weeks (and other places around the internet) some sound similar but most are the person accused actually caught in the car. I've contacted some solicitors and even posted a question here trying to figure out what i should do. Anyone ever seen anything like this before can give me some input?


 
Let me get this right......
someone was driving a car that was involved in a collision with a car and an iron gate.
you were with some people near the scene, walking towards the car. When the police arrived.
the car is from a dealership as a courtesy car.
you signed for the car.
you live hundreds of miles away.
You were asked for an explanation of why you were at the scene, but chose to give a 'no comment' interview because you were advised that the police would keep you at the police station until you named the driver, so you didn't name the driver.

Would I think you were the innocent victim of a stitch up from the Police? Absolutely not.
Would I think that you were driving at the time, but have to bail you while further enquiries were made, including searching the area being thoroughly checked for CCTV that might show who was driving at the time or earlier on that night? Definitely.
would I be checking with the dealership to see who was insured to drive the car and was this explained to the person who signed for it? Yes.
Would I be making enquiries to see how the person who signed for the car got hundreds of miles away from home and just happened to be near the scene, including checking motorway and toll cameras? Yes.
would I check to see who collected the car after the accident and if they had the keys or had to move it on a trailer? Yes.

Your story seems Very thin, but the question is, can the police actually prove that you were driving? Only time will tell. By keeping your mouth shut you may get away with it. If, however, the police can gather the evidence you need then it will not go well for you when it is shown how much effort they had to go to to bring the case against you.
All you can do is sit tight until you presumably have to return to answer your bail to see what the police have gathered. A solicitor will not help much at this stage but you will want one with you when you answer bail. Find a local one because it will cost a fortune to take one hundreds of miles with you.
 
I think nowadays its something you may get away with, police don't have the time to investigate....but if they do and convict you on a not guilty plea they'll through as much at you as they can.

also what's happening regarding insurance claims for the damage?
 
Have the police served you with a S172 notice requiring you to name the driver at the time of the event? If not, they should have, or will do.
failure to comply with this would make you liable, on conviction, to a fine and 6 points.
If they cannot prove who was driving at the moment, this might be their revenge, not the 'they might show my mug shot to the witness' fear that you have.
 
Have the police served you with a S172 notice requiring you to name the driver at the time of the event? If not, they should have, or will do.
failure to comply with this would make you liable, on conviction, to a fine and 6 points.
If they cannot prove who was driving at the moment, this might be their revenge, not the 'they might show my mug shot to the witness' fear that you have.


I'll explain the story a bit better...

I was at a venue with approx 100 people. This venue was several hundred miles away and in the countryside, there was no cctv outside...only inside. I drove the courtesy car there (and was insured to do so). I drank while I was there and towards the end of the evening was arrested at the venue (stood outside the venue with everyone else) for the suspicion of drink driving. The car, was actually further away down the country roads...not too far from what the police showed me on google maps during the interview. I did not have the keys on me and obviously wasn't at the car. They heard my name and arrested me. Like i said i opted for the "no comment" and was released under investigation. I mentioned the witness bit before and how it must have came to my name being mentioned.

They did mention the S172 at the police station and I figured as much about the whole "revenge thing". That would get the response of I do not know and then we are back to (like above) the prosecution having to prove "beyond reasonable doubt" that i did not provide the information that was in my power to give...in order to be convicted. If that information (or i was stupid enough to name someone) was in my power then we wouldn't be at this current position (S127).

Your the ex-police officer right? Like i said I've been lurking around here for a while reading lots. Please don't assume I'm guilty off the bat. Between me and you their biggest mistake was that they didn't arrest anyone else that night (I even asked them on two separate occasions if they had). They assumed the same.


 
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So who was driving?

Did you allow them to drive or did they steal the keys?

As the keeper of the courtesy car at the time you will be expected to know.

You haven't explained or clarified much in this regard which probably leads to skepticism.

Refusing to answer in interview will not look good and you could potentially get into trouble in other ways. To be honest, It does sound like either you were driving or you know who was driving and are covering for them. Are they aware you could get in a lot of trouble for THEIR actions?

If you really don't know who was driving and the car was stolen was this theft reported to the police and dealership?

On that note, what have you told the dealership?

You said you were worried about witnesses lying or bending the truth. A little bit cheeky considering your account of events don't you think?

Also, how were you going to get home?
 
Couldn't agree more. You are lying whatever way you look at it. Either someone took your keys which I doubt (and did you get them back) or you were driving. Witnesses appear to think you were. Why not man up like everyone else. Sadly you are the type if person who will not learn, take responsibility or stop being a risk on the road. In other words a selfish toe rag.
 
I'd also look very carefully into whether you were insured. Certainly not for the damage done by the mystery driver. Were it you or a ghost or a so called mate I doubt you are insured. And were you insured on this hundred mile jolly just to get to the point of the mystery happening? On your wife's courtesy car? Have you told her or the car people? You may well be looking at another charge. And if your wife has the car on lease or hire purchase, it will likely be repossessed and of course she will be charged for the damage. I hope you have a strong marriage!
 
Personally I think you'd probably get NFA'd. But I agree if they did take it to court and you lost then there's going to be some substantial costs to pay, and you won't be getting off lightly!

6 weeks seems like a while. I believe they have 6 months to lay charges?

Whatever happens/happened, I hope you actually learn from this.. unlike some people on this forum! Either don't drink and drive or look after your keys better!
 
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Well it's been like 3 months and I still haven't heard anything or been asked to give anymore statements etc...nothing. I dont want to get in the police's way by asking other people who were there what exactly happened etc (this is illegal anyway right?) and I'm also starting to forget the finer details of what exactly I was doing, where I was at set times (I've been imagining answering questions in court etc).

I know it's 6 months to lay charges (looked it up) but it does drag on a bit...
 
It is not illegal to ask people what they saw on the night, just illegal to persuade them to say something different to what they did see, or even ask them to do that.
You will just have to continue to wait.
 
Ahh ok, Well it was because i was interviewed and then the sheet i got when i was left said it was under investigation and talking to other people involved could be "legal jargon"...bad...

Thanks for the info
 
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