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Thread: Help and advise needed, please.

  1. #1
    IPD
    IPD is offline Member
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    Default Help and advise needed, please.

    Dear Sirs

    I arrived to England last October to begin to work as A & E registrar, due to a delay on the paperwork, I only begun t work by late November. This caused me and my wife a bad economical situation as I was of salary more than two months.

    Last Wednesday we had a big argue and she left me, she took her belongings and left without even telling me where she´d go. That same night I took the car and had some 3 cans of beer, then I decided to return home and the car stopped so I left it on a visible place and the returned home by Taxi.
    That night I was very depressed and I had possibly another 6-7 cans of beer at home and then I went to bed. In the following morning there was a telephone call from the Police, the car was wrongly parked so I should have it removed asap or face a fine. I was not feeling well, I supposed it was the hangover but I managed t get there by bus. The car was all covered with frozen snow, over 3-4 inches and I managed to clear part of the front window with a card.
    I started the engine but a few yards later I was stopped by the police for having snow in the back window. I got down the car and the policeman made me blow: it showed .54, I had had nothing to drink since the day before but apparently it was still on my system.
    I was taken to the police office, I was told my wrights, I understood them, explain to them my situation and -always with politeness from both sides -

    I agreed to make another blow, the lowest of the two was .41, I was taken in for an hour or so and then released with a note to be at court by the 10 of January. I was told that I could take the services of a lawyer, either on duty or a private one.

    My finances are no very well at the moment so my question is what to do next, what should I expect and if it is really worth to take a layer. I am new on this country and I do not really what to do next.

    I would appreciate a prompt response.

    Yours sincerely IPD


  2. #2
    Forum Moderator's Avatar
    Forum Moderator is offline Global Moderator
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    Default Re: Help and advise needed, please.

    Quote Originally Posted by IPD View Post
    Dear Sirs

    I arrived to England last October to begin to work as A & E registrar, due to a delay on the paperwork, I only begun t work by late November. This caused me and my wife a bad economical situation as I was of salary more than two months.

    Last Wednesday we had a big argue and she left me, she took her belongings and left without even telling me where she´d go. That same night I took the car and had some 3 cans of beer, then I decided to return home and the car stopped so I left it on a visible place and the returned home by Taxi.
    That night I was very depressed and I had possibly another 6-7 cans of beer at home and then I went to bed. In the following morning there was a telephone call from the Police, the car was wrongly parked so I should have it removed asap or face a fine. I was not feeling well, I supposed it was the hangover but I managed t get there by bus. The car was all covered with frozen snow, over 3-4 inches and I managed to clear part of the front window with a card.
    I started the engine but a few yards later I was stopped by the police for having snow in the back window. I got down the car and the policeman made me blow: it showed .54, I had had nothing to drink since the day before but apparently it was still on my system.
    I was taken to the police office, I was told my wrights, I understood them, explain to them my situation and -always with politeness from both sides -

    I agreed to make another blow, the lowest of the two was .41, I was taken in for an hour or so and then released with a note to be at court by the 10 of January. I was told that I could take the services of a lawyer, either on duty or a private one.

    My finances are no very well at the moment so my question is what to do next, what should I expect and if it is really worth to take a layer. I am new on this country and I do not really what to do next.

    I would appreciate a prompt response.

    Yours sincerely IPD
    Upon conviction of driving with excess alcohol with a breath reading of 41 sentencing guidelines suggest a driving ban of between 12-16 months and a band C fine . You should also be offered the opportunity to complete the drink driving rehabilitation course which can reduce the length of your ban by up to 25% once completed.

    Due to your relatively low alcohol reading and the absence of any significant aggravating factors in your case in addition to your financial situation, it may not be worth your while to hire a motoring lawyer.

    Regards
    Forum Moderator


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  3. #3
    IPD
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    Default Re: Help and advise needed, please.

    Thank you very much, Moderator.

    I assume that I made a mistake and have to face the consequences. It is at least god to know that they will not be as bad as I expected or as I was told initially. I am pretty sure that this ban and fine will keep me away from further trouble.

    I think I will also take the course.

    Many thanks once again and best wishes.

  4. #4
    signman is offline Established Member
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    Default Re: Help and advise needed, please.

    I know you blew 41 in the station but wwere you offered the opportunity to give a blood sample?

    41 is borderline to the `standard` charging level and you should of been offered the chance to give blood.

  5. #5
    IPD
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    Default Re: Help and advise needed, please.

    Quote Originally Posted by signman View Post
    I know you blew 41 in the station but wwere you offered the opportunity to give a blood sample?

    41 is borderline to the `standard` charging level and you should of been offered the chance to give blood.
    I was offered that chance but trying to make things easier I refused as I thought it was well above the limit of 35. Maybe I should have taken it.

    What are my chances to ask for mitigation if I admit full guilt?

  6. #6
    signman is offline Established Member
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    Default Re: Help and advise needed, please.

    because your alcohol level was dropping quite quickly (54 at roadside, then 41 at station), by the time the doctor had arrived to take your blood it quite possibly could of been under the limit.

    But thats in the past now, time to focus on whats ahead. Personally i would speak to a solicitor for some advise as to what to do next.

    Should you plead guilty i would be very surprised if you received more than 12mths ban (reduced to 9 with drink drive course).

    good luck but make sure you speak to a solicitor for guidance.

  7. #7
    IPD
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    Default Re: Help and advise needed, please.

    Quote Originally Posted by signman View Post
    because your alcohol level was dropping quite quickly (54 at roadside, then 41 at station), by the time the doctor had arrived to take your blood it quite possibly could of been under the limit.

    But thats in the past now, time to focus on whats ahead. Personally i would speak to a solicitor for some advise as to what to do next.

    Should you plead guilty i would be very surprised if you received more than 12mths ban (reduced to 9 with drink drive course).

    good luck but make sure you speak to a solicitor for guidance.
    Thanks Signman, I will take your advise and let you know the result by the 10th of january.
    Happy new year to you all.

  8. #8
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    Default Re: Help and advise needed, please.

    Helo,

    It would appear in my opinion that the police have not followed the correct procedure in your case. If you blew 41 at the police station you should have been offered a blood test. These are strict guidelines the police have to adhere too. I would strongly advise you speak to the duty solicitor at court when you get there. And it is free too. You have the right to speak with them. Tell him or her you were not offered the chance to give a blood sample. They should be interested in this information.

    I am surprised the moderator never mentioned this. Other than that you will lose your licence for a year. I blew a lower reading of 49 at the station and had blood taken. It made no difference to be fair as I was still over the limit. But in your case your reading you have been charged with is only just over. And the police have not done their job properly in your situation, from reading your original post.

    Regards,

    The Village Idiot

  9. #9
    signman is offline Established Member
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    Default Re: Help and advise needed, please.

    they were offered it but declined as per post above.

  10. #10
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    Default Re: Help and advise needed, please.

    Convicted Driver Insurance Quotes
    Hello again,

    Cancel all of my above posts, and my apologies to the moderator. I really should learn to read all the thread before offering advice.

    The police offered you a blood test, and you refused. You say in a later thread, Why? That could have been your passport to keeping your licence. I am surprised the police did not recommend you take the blood test. But hey that's all in the past now. It will still be worth speaking to the duty solicitor at court though.

    Good luck,

    TVI.

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