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Thread: Devastated

  1. #21
    price1367 is offline TTC Group Associate Director
    Join Date
    Oct 2012
    Location
    Telford, Shropshire
    Posts
    1,820

    Default Re: Devastated

    I would think that it is very unlikely that you will get a community penalty. There was no accident, your reading is only just over the threashold for one to be considered and you have no previous convictions. This all makes your offence likely to attract just a fine and a ban of 17-22 months.


  2. #22
    supernova48 is offline Member
    Join Date
    Jul 2018
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    18

    Default Re: Devastated

    Okay, thank you, Price.

  3. #23
    TipsyNurse is offline Member
    Join Date
    Aug 2018
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    22

    Default Re: Devastated

    If you are planning on going not guilty - on what basis? If you have a contested trial the CPS will ask for costs of 620 and you will lose your 33% not guilty plea.

    That's not to put you off, but the defences a available for DD if you are stopped at the time are narrow. If you are disputing whether you are offered your own sample then very likely the CPS will produce a form saying that you were offered the sample, and an officer saying the same.

    You will say that you were too drunk to remember if you were offered one, but assume that you weren't because you couldn't find one the next day.

    Even if the police didn't follow procedure, it is only useful to you if you dispute the reading and assert that your sample is the crucial evidence that would have proved you were under. In this case the court may believe there could have been discrepancy, but if the CPS can demonstrate adequate chain of custody between them and the lab I doubt they would believe you may have been under the limit. After all, the police send evidence to labs in all sorts of cases with the court accepting that there is enough evidence that it wasn't tampered with.

    What you can do in those circumstances is do what is called a Newton plea. That's when you plead guilty but to a lesser reading - basically document what xxx mg you think your sample would have shown if you had it to test and why. If it is accepted it would result in a lesser sentence, if not you aren't with the costs for a not guilty plea.

    However blood tests are very reliable and the police already minus 6 from the reading in your favour. So you would need to think why the court would accept your suggestion as plausible.

    I hope that is helpful. People sometimes think from films that you only need to point out a small procedural error by the police and it will guarantee acquittal. In reality it is only half the cake - you also need to explain why it creates reasonable doubt on the prosecution's case.

    Solicitors sometimes get a bit carried away - they are right in that you do have a potential defence, but it is you putting your hand in your pocket win or lose, and important that you know the chances it will be successful. Your solicitor gets paid win or lose. That's not them being disingenuous, it is the same in any area, in healthcare we are equally guilty of saying patients *can* do something even if objectively you know it isn't sensible.

  4. #24
    supernova48 is offline Member
    Join Date
    Jul 2018
    Posts
    18

    Default Re: Devastated

    Thank you for your reply TipsyNurse but I am indeed planning on pleading guilty. I have no grounds for a non-guilty plea and I feel the solicitor was clutching at straws. I'm not prepared to pay x amount of when I barely have a leg to stand on and plus - I was over the limit as my blood results show so I shall accept the punishment.

    Still waiting for the letter in the post, I shall keep you all updated and would be grateful for any advice I may ask for when it arrives.
    Thanks again.

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