Looking for advice?

[lulululu1]

Hey, I came home from the park with the dogs and about an hour later I heard a chap at the door. Two police officers who told me that a neighbour had seen me drop my purse and stagger with the small dog (he had scratched my arm and tried to jump down) They asked if I had been drinking, I was literally dumbfounded and said well I am now I am home, and showed them. They said they would breathalyse me and I was astounded and said well clearly i;ll be over the limit but I am in my home. They asked if I had been out and I said yes all morning and named the shops/places etc but was so shocked I knew I was babbling.


they said so you were in the car. I said yes and sober but it's not a crime to drink in my own home. I failed the test and got arrested. I was put in a cell for nearly 16 hours and took to court and it was horrific, they assigned me a duty solicitor who said there was time for you to consume alcohol and there is no video/images etc. I pleaded not guilty. I am beside myself at what will happen.

The issue is 3 years ago I went through a marriage/miscarriage and stupidly went to move my car into the drive and hit the neighbours wall. The police came. I will make no excuses for this one as I was guilty and got a ban.

I am trying to keep positive that I am innocent this time but I don't know what courts are like and terrfied I will lose my licence through this. So frustrating because I had previous it looks awful. I do a lot of work in the community and have a great profession, I know work in a different area where I need my car for work.

I have an appointment with the solicitor Tuesday

thanks

 

[craig121]

Hey, I came home from the park with the dogs and about an hour later I heard a chap at the door. Two police officers who told me that a neighbour had seen me drop my purse and stagger with the small dog (he had scratched my arm and tried to jump down) They asked if I had been drinking, I was literally dumbfounded and said well I am now I am home, and showed them. They said they would breathalyse me and I was astounded and said well clearly i;ll be over the limit but I am in my home. They asked if I had been out and I said yes all morning and named the shops/places etc but was so shocked I knew I was babbling.


they said so you were in the car. I said yes and sober but it's not a crime to drink in my own home. I failed the test and got arrested. I was put in a cell for nearly 16 hours and took to court and it was horrific, they assigned me a duty solicitor who said there was time for you to consume alcohol and there is no video/images etc. I pleaded not guilty. I am beside myself at what will happen.

The issue is 3 years ago I went through a marriage/miscarriage and stupidly went to move my car into the drive and hit the neighbours wall. The police came. I will make no excuses for this one as I was guilty and got a ban.

I am trying to keep positive that I am innocent this time but I don't know what courts are like and terrfied I will lose my licence through this. So frustrating because I had previous it looks awful. I do a lot of work in the community and have a great profession, I know work in a different area where I need my car for work.

I have an appointment with the solicitor Tuesday

thanks

Hi
If you post your breathalyzer reading assuming you gave 1 and also how much you claimed to have drank between the time you arrived him and the police @ door am sure it will help some of the calculator experts

 

[price1367]

As above. Tell us what you drank in the day, strength and glass / can size and when. What time you arrived home, how much and what you drank and when you were put on the evidential breath test machine at the police station and the lowest reading.
i takemit from your title name that you are female?

 

[lulululu1]

I had two cans of strong cider 8% that is 4.4 and was a quarter/half in my 3rd one (not very classy for a lady but no point in lying) I do drink fast. Do they not need to wait an hour or something before testing me as after they came
Thanks

Such a bloody mess and beside myself

 

[lulululu1]

Sorry it's 500 ML. Received the paperwork through, I could cry it looks so bad. Police also asked when I last drank, well since they could see I was drinking in my home then the last time was the day before in Tenerife. So they didn't wait 20 mins, I was taken down within 15 to the station, reading was 104.

 

[Jaffa1975]

Hi there I’m in a similar situation, just came back from Tenerife and wanted to finish my holiday in style, went for a drive to Loch Lomond with my wee dog.. car broke down on motorway... police came... breath test... blew 35.. (drink night before)... also insurance company tried to take a payment from my partners back account when we were in Tenerife and it bounced.. never knew ?
Due in court next month... horrible feeling, good luck xx

 

[price1367]

Sorry it's 500 ML. Received the paperwork through, I could cry it looks so bad. Police also asked when I last drank, well since they could see I was drinking in my home then the last time was the day before in Tenerife. So they didn't wait 20 mins, I was taken down within 15 to the station, reading was 104.

One last think, had you drunk anything in the daytime before you drive and were then seen arriving home by the neighbour?

 

[lulululu1]

No drinks before I went out that morning. I was in shops talking to people and then in a public park with the dogs before returning home. The police tried other doors and no one had seen anything. There is a neighbour who has cctv on the car park, but wary of approaching anyone till my appointment with the solicitor.

 

[lulululu1]

Hi there I’m in a similar situation, just came back from Tenerife and wanted to finish my holiday in style, went for a drive to Loch Lomond with my wee dog.. car broke down on motorway... police came... breath test... blew 35.. (drink night before)... also insurance company tried to take a payment from my partners back account when we were in Tenerife and it bounced.. never knew ?
Due in court next month... horrible feeling, good luck xx

It,s horrible isnt it? have barely slept. Good luck to you too.

 

[price1367]

No drinks before I went out that morning. I was in shops talking to people and then in a public park with the dogs before returning home. The police tried other doors and no one had seen anything. There is a neighbour who has cctv on the car park, but wary of approaching anyone till my appointment with the solicitor.

What you say you drank when you got home is consistent with your reading that was provided at the police stateion for a female. Your problem will be convincing the magistrates because the law puts the onus on you to satisfy the court that, on the balance of probability, you consumed alcohol after you drove, AND that t made th difference to you being over the legal limit. This is normally done by way of a specialist report that costs in the region of £300. Because there were no witnesses, whilst you will be able to show that the amount of alcohol at home caused that reading, you still have to pursuance the magistrates that you did in fact consume it.
Because there is no apparent evidence about the manner of your driving, just your ‘stubmble’, when CPS are Presented with your expert report it may be that they decide to drop the case. This would be nice, but it leaves you out of pocket! If it goes to court and you win, then you could claim the expert fees back. You would, however, only get a proportion of your solicitors fees back as they only allow the legal aid rate to be claimed.

one last thing, yes, the police should wait if there is a suggestion that you have drunk alcohol in the past 20 minutes - not an hour- but that has not proved fatal to cases in the past because what counts in evidence is the police station sample and I am sure that there would have been at least 20 minutes between you finishing your drink at home and blowing into the breath machine at the station.

 

[lulululu1]

What you say you drank when you got home is consistent with your reading that was provided at the police stateion for a female. Your problem will be convincing the magistrates because the law puts the onus on you to satisfy the court that, on the balance of probability, you consumed alcohol after you drove, AND that t made th difference to you being over the legal limit. This is normally done by way of a specialist report that costs in the region of £300. Because there were no witnesses, whilst you will be able to show that the amount of alcohol at home caused that reading, you still have to pursuance the magistrates that you did in fact consume it.
Because there is no apparent evidence about the manner of your driving, just your ‘stubmble’, when CPS are Presented with your expert report it may be that they decide to drop the case. This would be nice, but it leaves you out of pocket! If it goes to court and you win, then you could claim the expert fees back. You would, however, only get a proportion of your solicitors fees back as they only allow the legal aid rate to be claimed.

one last thing, yes, the police should wait if there is a suggestion that you have drunk alcohol in the past 20 minutes - not an hour- but that has not proved fatal to cases in the past because what counts in evidence is the police station sample and I am sure that there would have been at least 20 minutes between you finishing your drink at home and blowing into the breath machine at the station.

Thankyou so much for this, my lawyer said he will get me a toxicology report to calculate time/drink, is this the same thing you mean? Also I felt the police were really heavily trying to find fault in my story and say so you were driving then, I said yes that morning but not since i'd been drinking. Will they hand in a fuller statement or just the one the duty solicitor read out
Will this neighbour be called to court too?

Thanks

 

[price1367]

Yes, the toxicology report is what I was referring to. If you could show that you only bought the cans on the way home then that would be good.
if the CPS do not drop the case when they see the report then yes, the neighbour would have to be at court to give the evidence that you drove. That then gives the opportunity for your solicitor to cross examine him / her.
The statement that the soliciior read out is likely to be the evidence that the police officer will give I; court, but it might be ‘refreshed’ to add detail about anything that you put forward in your defence case. That is not to say the police officer is changing his story, just that he has recorded events as he saw them, but may not have mentioned details that you raise subsequently and therefore further detail may need to be added to clarify or challenge what is in your case.

 

[lulululu1]

Yes, the toxicology report is what I was referring to. If you could show that you only bought the cans on the way home then that would be good.
if the CPS do not drop the case when they see the report then yes, the neighbour would have to be at court to give the evidence that you drove. That then gives the opportunity for your solicitor to cross examine him / her.
The statement that the soliciior read out is likely to be the evidence that the police officer will give I; court, but it might be ‘refreshed’ to add detail about anything that you put forward in your defence case. That is not to say the police officer is changing his story, just that he has recorded events as he saw them, but may not have mentioned details that you raise subsequently and therefore further detail may need to be added to clarify or challenge what is in your case.

The alcohol was already in the house, the other empty cans were in the bin but I didn't think to say they were there. However the police came back down to my property to take the dog to my parents. I know this question is on a tangent but at the station the police asked if they could call anyone. I asked for my phone but they refused. I gave them my parents and asked them to saY to my sister only. (mum was on holiday and my dad is very unwell) They collected my dad who was in a state and took him to my property, dad said they took clothes appropriate for court as i'd summer wear on. When I got home the rest of the drink had been tipped and in the bin so the police should have seen the other cans? are they allowed to do that to my dad as as a result his medication has been doubled and we had to get his nurse out. Sorry for all the questions I just can't believe this has all happened

 

[mrsj004]

Hi Lululu

Just offering a bit of support! I like you are dreading it (20th July 2018) I will not forget.

I have tried to post a question myself(unsuccessfully) as I too have been stupid & will never forgive myself totally. I drove about 150yards in a moment of madness, as I had just resigned from my job earlier (couldn't take the bullying anymore.) After consuming alcohol. I was heading only over the road to an employment agency and could of walked. I got in the car, just habit. They suspected me drinking & contacted the police. I have a court date of 8th August.

I know I will be banned but I am not sure if anyone can answer this?

Do I have to tell interviewers/agencies/prospective employers that I have an impending conviction, until I am actually convicted. I am worried this will automatically make me rejected. If they do not ask about convictions, should I still tell them.

Any advice will be most helpful.

MrsJ004

 

[lulululu1]

Thanks so much

And sorry to hear about your situation too. My first time was 18 months ban and £300 fine, how much were you over? I think it will depend on what field of work you look for and if you need a disclosure. Not sure but hopefully someone more experienced on here knows more. I am a teacher and thought i'd be sacked but because it wasn't in work hours and nothing like drugs etc I wasnt suspended. However I don;t know how a second one would go with this horrendous allegation against me
I was in a bad way first time if you read the start of my post, no excuse though and it was horrible waiting but over fast in court. Pleaded guilty, some court jargon then banned and fined then out.

 

[price1367]

The alcohol was already in the house, the other empty cans were in the bin but I didn't think to say they were there. However the police came back down to my property to take the dog to my parents. I know this question is on a tangent but at the station the police asked if they could call anyone. I asked for my phone but they refused. I gave them my parents and asked them to saY to my sister only. (mum was on holiday and my dad is very unwell) They collected my dad who was in a state and took him to my property, dad said they took clothes appropriate for court as i'd summer wear on. When I got home the rest of the drink had been tipped and in the bin so the police should have seen the other cans? are they allowed to do that to my dad as as a result his medication has been doubled and we had to get his nurse out. Sorry for all the questions I just can't believe this has all happened

If it was a choice of you appearing in court in ‘summer clothes’ or a ‘tango boiler suit’ issued by the police, they perhaps decided it was best to request the clothing and if your dad answered the phone it would have been difficult to not deal with him. That really is a side issue though, you need to concentrate on matters that relate to driving and when / what you had to drink. You say the alcohol had been tipped away. I doubt the police would have done that. Would they be looking to see if you had been drinking at home......did you tell them that you had and if so, when did you say?
The first question on the form that the police complete (and read out to you one step at a time) is:

“Have you, since the time of the alleged offence, consumed or used any of the following things, and if so what?”
√
alcohol or other drink?

...... and then other questions.


Did you say then? The alleged offence was driving whist over the prescribed limit, so what you drank at home is “since the time of the alleged offence.” If you didn’t say then, or at home, they the prosecution may for a view that you have made this up subsequently, as there were 2 chances to point out the obvious “I have been drinking since I drove.”
I am not trying to be negative, your account of what you drank iat home is plausible compared with your reading but as I said before, it is the job of the defence to satisfy the magistrates that, on the balance of probabilities, you consumed alcohol since driving and that it made the difference to you being over the legal limit.

 

[price1367]

Hi Lululu

Just offering a bit of support! I like you are dreading it (20th July 2018) I will not forget.

I have tried to post a question myself(unsuccessfully) as I too have been stupid & will never forgive myself totally. I drove about 150yards in a moment of madness, as I had just resigned from my job earlier (couldn't take the bullying anymore.) After consuming alcohol. I was heading only over the road to an employment agency and could of walked. I got in the car, just habit. They suspected me drinking & contacted the police. I have a court date of 8th August.

I know I will be banned but I am not sure if anyone can answer this?

Do I have to tell interviewers/agencies/prospective employers that I have an impending conviction, until I am actually convicted. I am worried this will automatically make me rejected. If they do not ask about convictions, should I still tell them.

Any advice will be most helpful.

MrsJ004

You do do not have to disclose impending prosecutions when you make a job application or sign up with a; agency, but it may be in your 8nterest to do so because any job offer might well come with “subject to satisfactory checks” which might be a simple check for convictions or a much more thorough DBS check. By the time those are done then it is likely that you will have been convicted and it will show up.
If you apply for a job that involves driving then obviously you would lose that on conviction!
You would also have to explain why you need the day off work to go to court....... and hope that it didn’t appear in the local press if you pulled a sickie to get there!

 

[lulululu1]

If it was a choice of you appearing in court in ‘summer clothes’ or a ‘tango boiler suit’ issued by the police, they perhaps decided it was best to request the clothing and if your dad answered the phone it would have been difficult to not deal with him. That really is a side issue though, you need to concentrate on matters that relate to driving and when / what you had to drink. You say the alcohol had been tipped away. I doubt the police would have done that. Would they be looking to see if you had been drinking at home......did you tell them that you had and if so, when did you say?
The first question on the form that the police complete (and read out to you one step at a time) is:

“Have you, since the time of the alleged offence, consumed or used any of the following things, and if so what?”
√
alcohol or other drink?

...... and then other questions.


Did you say then? The alleged offence was driving whist over the prescribed limit, so what you drank at home is “since the time of the alleged offence.” If you didn’t say then, or at home, they the prosecution may for a view that you have made this up subsequently, as there were 2 chances to point out the obvious “I have been drinking since I drove.”
I am not trying to be negative, your account of what you drank iat home is plausible compared with your reading but as I said before, it is the job of the defence to satisfy the magistrates that, on the balance of probabilities, you consumed alcohol since driving and that it made the difference to you being over the legal limit.

I said I had not been drink driving, that it wasn't illegal to drink in my home and pointed to the alcohol (wasn't rude) he asked when I last had a drink, before this was day before on Holiday. I was babbling, extremely panicky and kepy saying the witness is right I was driving then but no alcohol. Will this go against me? My solicitor said it I would have been anxious. I have given all the details of whats needed for the toxicology report. DO you know how long this takes? After my appointment I had so many questions I forgot to ask. So just wondering what happens now?

Also I know I can't approach a potential witness but I know for sure I am being watched, when I am out with the dogs, or talking to neighbours etc I can see a figure watching from windows? I know its not a crime but is this allowed?