Jo Smith
Member
Hi all after bit of advice on the hop flask defence. Basically I was involved in a very minor rtc, the other party made me uncomfortable, I felt vulnerable, I'd given them my details, they also started filming me on their mobile and accusing me of smelling of alcohol, so they said they're calling police and I was told to wait, which I did for a bit but as I had my 9 year Son with me, nearly 9pm and I was in shock a bit as I had 2 kids with me at the time of the rtc, anyway I decided to leave and drove the short distance home.
Once home, to calm me down, I drank nearly 3 liters of 7.5% cider, ten minuets later police turned up, in my house, asked if I'd been drinking in last 30 mins which I said I had, so we waited 20/30- mins, then I was bretherlized and failed. The arresting officer said I was already slurring my words when he arrived and I was looking through him (I have had feedback at job interviews that I do this) At the station I blew 91 and 95 respectively in the space of a minuet or so, I was held overnight and interviewed around mid day with the duty solicitor. I went through my account, the arresting officer took the bottle that I had drank from as evidence, though didn't bag it up or anything. I was eventually released under investigation.
I'm not been investigated for any other offence as I had stopped and gave details, and insured.
Since my release, I now understand the law states you're deemed to be driving as per breath test and it's down to the individual to prove based on balance of probability (rather than reasonable doubt) that alcohol was consumed after driving. I expect the back calculation to be a bit short by six units, but one I did state the bottle wasn't quite full and two the reading was shown to be increasing and only one sample provided.
I have a couple questions:
Thanks
Once home, to calm me down, I drank nearly 3 liters of 7.5% cider, ten minuets later police turned up, in my house, asked if I'd been drinking in last 30 mins which I said I had, so we waited 20/30- mins, then I was bretherlized and failed. The arresting officer said I was already slurring my words when he arrived and I was looking through him (I have had feedback at job interviews that I do this) At the station I blew 91 and 95 respectively in the space of a minuet or so, I was held overnight and interviewed around mid day with the duty solicitor. I went through my account, the arresting officer took the bottle that I had drank from as evidence, though didn't bag it up or anything. I was eventually released under investigation.
I'm not been investigated for any other offence as I had stopped and gave details, and insured.
Since my release, I now understand the law states you're deemed to be driving as per breath test and it's down to the individual to prove based on balance of probability (rather than reasonable doubt) that alcohol was consumed after driving. I expect the back calculation to be a bit short by six units, but one I did state the bottle wasn't quite full and two the reading was shown to be increasing and only one sample provided.
I have a couple questions:
- how does one prove based on the balance of probability ie more than 51% that alcohol was consumed after driving when no witnesses?
- I understand that the police allow a margin of error in back calculation of around 6 units, if the report broadly supports my version of events , what are the chances of cps proceeding to prosecute?
- Who judges the % of probability - is this before or during court? would the cps have to be satisfied, based on reasonable doubt that they'd secure a conviction? Or could cps bring charges and I'd have try and prove in court based on balance of probability that I drank after driving?
- My print out doesn't display the time the breath sample was taken, would this amount to a technical defence?
- whilst I was asked some questions about what I had eaten/drank ect at interview no forms were completed with me and I didn't have to sign anything, again, would this also amount to a technical defence?
- if prosecuted what are my chances of being acquitted based on my account?
- If I self funded for solicitor/barrister (I won't qualify for legal aid) and was acquitted is their a central fund/would losing party have pay for my defence costs?
- If the mobile video footage wasn't favorable is it admissible as evidence? Likewise if favorable would they have to disclose it?
- would the arresting office be used as a witness against me and his body camera footage? Likewise in interview they did say the arresting officer recalls seeing my vehicle around the area and no comment given about my driving standards, would they have to disclose this in cross examination at magistrates court?
Thanks
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