Dave1979
New Member
Hi guys,
I've been reading theses forums and I'm glad to see people are being supportive and non judgemental. I also have a tale of which I'm incredibly ashamed and I wanted to see what the opinion of other forum users were?
After a Saturday night out with a few friends I was driving home Sunday morning just gone. It was 11am and I was stopped on the motorway for speeding (the speed gun said 100, I'm sure it was less, but that's what what the police officer told me so I have to assume it's correct).
I was breathylsed and blew a 41. The police officer informed me that I was under arrest for drink driving, however by the time we got back to the station he fully expected me to be under and I'd be cautioned (the police officer was very polite and courteious I might add).
I had a friend in the car with me who was also out the night before, who blew 0, although I'm not sure how as we drank the same amount and he's smaller than me! The police officer allowed him to drive my car for me.
I was quite calm at the police station and figured that something was wrong with the breathlyser so I'd be let go with only the speeding charge. I was advised to switch my phone off once we entered the station (although I kept it on me).
However.... I then blew a 42 on the official machine at the station and I really started to worry and all the issues I'm going to be faced with hit me at once. The officer went through all his procedural documentataion, and asked if I wanted a blood test, which I said no to (no idea why, thats just what my gut instict told me, although he did shoot me a funny look and I wondered if I made the wrong choice, however he then went on and I didn't track back).
So, now I am wondering whether to plead guilty or defend. I'm convinced I wasn't over the limit, but I've read the accuracy of the machines are hard to challenge, so I'm not sure what to do. I do have a documented medical issue with gastroesophageal reflux disease (acid reflux) (it's on my NHS records), but I'm assuming the breath machines are advanced enough to allow for that. Also, I didn't mention that to the officer as it's something I don't pay attention to since I've had it forever and never really think about it.
If I plead guilty, what kind of ban/fine will I be looking at given the speeding charge as well (although the speed isn't noted on the charge sheet, just that I was exceeding the national speed limit. However again, I'm assuming it's noted down somewhere in the documentation)
If I plead not guilty or no plea at this stage, will I be judged more harshly later on if I plead guilty at the later hearing?
I will seek legal advice, but just wanted to ask the opinion of the forum as well.
I've been reading theses forums and I'm glad to see people are being supportive and non judgemental. I also have a tale of which I'm incredibly ashamed and I wanted to see what the opinion of other forum users were?
After a Saturday night out with a few friends I was driving home Sunday morning just gone. It was 11am and I was stopped on the motorway for speeding (the speed gun said 100, I'm sure it was less, but that's what what the police officer told me so I have to assume it's correct).
I was breathylsed and blew a 41. The police officer informed me that I was under arrest for drink driving, however by the time we got back to the station he fully expected me to be under and I'd be cautioned (the police officer was very polite and courteious I might add).
I had a friend in the car with me who was also out the night before, who blew 0, although I'm not sure how as we drank the same amount and he's smaller than me! The police officer allowed him to drive my car for me.
I was quite calm at the police station and figured that something was wrong with the breathlyser so I'd be let go with only the speeding charge. I was advised to switch my phone off once we entered the station (although I kept it on me).
However.... I then blew a 42 on the official machine at the station and I really started to worry and all the issues I'm going to be faced with hit me at once. The officer went through all his procedural documentataion, and asked if I wanted a blood test, which I said no to (no idea why, thats just what my gut instict told me, although he did shoot me a funny look and I wondered if I made the wrong choice, however he then went on and I didn't track back).
So, now I am wondering whether to plead guilty or defend. I'm convinced I wasn't over the limit, but I've read the accuracy of the machines are hard to challenge, so I'm not sure what to do. I do have a documented medical issue with gastroesophageal reflux disease (acid reflux) (it's on my NHS records), but I'm assuming the breath machines are advanced enough to allow for that. Also, I didn't mention that to the officer as it's something I don't pay attention to since I've had it forever and never really think about it.
If I plead guilty, what kind of ban/fine will I be looking at given the speeding charge as well (although the speed isn't noted on the charge sheet, just that I was exceeding the national speed limit. However again, I'm assuming it's noted down somewhere in the documentation)
If I plead not guilty or no plea at this stage, will I be judged more harshly later on if I plead guilty at the later hearing?
I will seek legal advice, but just wanted to ask the opinion of the forum as well.
