So many questions.

[totaleejit]

Dear all, I hope someone can help me.

I was arrested in the small hours of Monday morning after crashing my car into another one, turning right at a crossroads. My car is a write-off, I am unsure about the other one as I was taken into a police van straight away (Police in the van had come across the scene of the accident by coincidence.) I was initially belligerent, refusing to take a breath test and thus I was taken into custody.

When I was taken to the police station, I was more cooperative, taking two breath tests., being polite etc. The one that was used as evidence showed a reading of 89mg/100ml. I was then taken to cells to ‘sleep it off.’ I am epileptic and declared this as I needed medication to take a few hours later. This was taken from my home and given to the doctor at the station to administer to me.

In the morning I was taken into an interview room and admitted responsibility and declared on tape that I was sorry for what I had done. Again, I was fully cooperative and polite.

I was then released on bail, to attend magistrates court next week. I have no previous convictions.

Can anyone help me find some answers? I have spoken to a solicitor that specialises in drink-driving cases and have a meeting with him later this week, but I thought I would register with this forum and gain knowledge from people who had gone through this experience.

• What sentence should I expect? I know that I will lose my licence to a period of about two years and I will be fined. Should I expect community service/custodial too?
• I shouldn’t have been driving (apart from the fact that I was drunk, obviously) as I haven’t informed the DVLA that I am epileptic and thus unfit to drive. Will this also be used in evidence against me, even though it isn’t on the charge sheet?
• Regarding the crash, I had no opportunity to get insurance details for the other car involved. How do I go about doing this and will the insurance cover it if I was unfit to drive?
• I have problems with alcohol, having gone through our local addiction unit and been administered tablets that react badly with alcohol. I had not been taking them for two weeks as my prescription ran out. Should I declare this to the court? I also have problems with chronic anxiety. Will this be a mitigating factor, or am I clutching at straws?
• I work in the public sector dealing with vulnerable people (the homeless) and my post is covered by an enhanced CRB check. Will I have to declare this conviction in my existing job? I plan to move shortly and I know I will have to declare it in job applications etc.

Thanks in advance for any replies and I apologise for so many questions. I am so shaken by this experience, and mortified that I may have injured/killed someone. I am deeply ashamed and this situation is putting a serious strain on my marriage. My parents have been supportive, though I feel that they will never look at me the same way again. I had not taken a drink for seven months before this incident, as part of my treatment for alcohol addiction. I plan to go to an AA meeting to help me deal with this situation.

Thank you all.

 

[Forum Moderator]

Dear all, I hope someone can help me.

I was arrested in the small hours of Monday morning after crashing my car into another one, turning right at a crossroads. My car is a write-off, I am unsure about the other one as I was taken into a police van straight away (Police in the van had come across the scene of the accident by coincidence.) I was initially belligerent, refusing to take a breath test and thus I was taken into custody.

When I was taken to the police station, I was more cooperative, taking two breath tests., being polite etc. The one that was used as evidence showed a reading of 89mg/100ml. I was then taken to cells to ‘sleep it off.’ I am epileptic and declared this as I needed medication to take a few hours later. This was taken from my home and given to the doctor at the station to administer to me.

In the morning I was taken into an interview room and admitted responsibility and declared on tape that I was sorry for what I had done. Again, I was fully cooperative and polite.

I was then released on bail, to attend magistrates court next week. I have no previous convictions.

Can anyone help me find some answers? I have spoken to a solicitor that specialises in drink-driving cases and have a meeting with him later this week, but I thought I would register with this forum and gain knowledge from people who had gone through this experience.

• What sentence should I expect? I know that I will lose my licence to a period of about two years and I will be fined. Should I expect community service/custodial too?

For a breath reading of 89 sentencing guidelines suggest a fine and a disqualification of between 17 and 22 months for driving with excess alcohol. You were involved in an accident which is an aggravating factor and can only go towards increasing any sentence imposed.

• I shouldn’t have been driving (apart from the fact that I was drunk, obviously) as I haven’t informed the DVLA that I am epileptic and thus unfit to drive. Will this also be used in evidence against me, even though it isn’t on the charge sheet?

This will not be used as evidence against you as it is irrelevant to the charge of driving with excess alcohol, however, seen as your breath reading exceeded 87.5 microgrammes per 100 millilitres of breath you will be classed as a high risk offender and will be required to take a DVLA medical in order to re-apply for your driving licence, at which point your epilepsy will come to light and may prevent you from obtaining a driving licence.

• Regarding the crash, I had no opportunity to get insurance details for the other car involved. How do I go about doing this and will the insurance cover it if I was unfit to drive?

Im sure any third party will get your details in due course and make a claim, you could try contacting the police. Most insurance policies will cover damage to any third parties if the insured driver was driving with excess alcohol, however any damage to their own car will probably not be covered. It entirely depends on the insurance policy and level of cover the insurance policies provides, your insurance company are the best people to talk to regarding any insurance claims.

• I have problems with alcohol, having gone through our local addiction unit and been administered tablets that react badly with alcohol. I had not been taking them for two weeks as my prescription ran out. Should I declare this to the court? I also have problems with chronic anxiety. Will this be a mitigating factor, or am I clutching at straws?

Your solicitor will advise you on the best way forward regarding mitigation.

• I work in the public sector dealing with vulnerable people (the homeless) and my post is covered by an enhanced CRB check. Will I have to declare this conviction in my existing job? I plan to move shortly and I know I will have to declare it in job applications etc.

You can get more information about disclosure and notification of criminal convictions and criminal record bureau checks from the Criminal Records Bureau.

Thanks in advance for any replies and I apologise for so many questions. I am so shaken by this experience, and mortified that I may have injured/killed someone. I am deeply ashamed and this situation is putting a serious strain on my marriage. My parents have been supportive, though I feel that they will never look at me the same way again. I had not taken a drink for seven months before this incident, as part of my treatment for alcohol addiction. I plan to go to an AA meeting to help me deal with this situation.

Thank you all.

 

[totaleejit]

Thanks.

Just to let you know that I was disqualified for 20 months and received a fine of £495, excluding court costs and surcharges.

An expensive mistake to make, the only positives I can take from it is that no-one was killed or injured.

Trying to put it behind me and move forward.

If I can help anyone on this forum then I will be glad to do so.

 

[signman]

Hopefully you can now move on now that the stress of the court case is out of the way.

good luck.

 

[alexandra21]

hey just read your story as it is vaguely similar to mine,nipped across from pub car park to boyfriends workplace,private land with public access,got caught,blew 88 lowest.What i wanted to ask you was whether this conviction has affected your work as i am a youth worker and unsure as to whether i will keep my job or indeed work again.any reply greatly appreciated!Alex

 

[gippa182]

hi there

when i was done for drink driving i hit my neighbors car, and my insurance voided my insurance immediately