charged for drink driving do i need to tell my employer

[favour1975]

Got charged for drink driving for urine test reading 110 instead of 107 legal limit. I am really devastated because I didn't even feel I was over the limit. I will be pleading at the court, and I will get a ban of about 12 months (possibly reduced to 9 months if I take the course). Do I need to tell my employer,because I work in a school as a teacher even though my work is not driving related.

 

[Forum Moderator]

Got charged for drink driving for urine test reading 110 instead of 107 legal limit. I am really devastated because I didn't even feel I was over the limit. I will be pleading at the court, and I will get a ban of about 12 months (possibly reduced to 9 months if I take the course). Do I need to tell my employer,because I work in a school as a teacher even though my work is not driving related.

My advise would be to check any employment contracts that are in place and contact the General Teaching Council who are an executive agency of the Department for Education responsible for the regulation of the teaching profession.

 

[favour1975]

Got charged for drink driving for urine test reading 110 instead of 107 legal limit. I am really devastated because I didn't even feel I was over the limit. I will be pleading at the court, and I will get a ban of about 12 months (possibly reduced to 9 months if I take the course). Do I need to tell my employer,because I work in a school as a teacher even though my work is not driving related.

the problem is that I am still awaiting my contracts because I am starting at a new school on 1st September. This new school already confirmed my appointment via writing and already had my CRB check done which came clean, but the drink driving issue happened after the CRB check had been done. So should I wait until the formal contracts are sent before making a decision, at the end of the day the school still holds a clean CRB records of me.

In regards to informing the General Teaching Council, this body has been scrapped. They don't exist anymore.

 

[t-bone]

Got charged for drink driving for urine test reading 110 instead of 107 legal limit. I am really devastated because I didn't even feel I was over the limit. I will be pleading at the court, and I will get a ban of about 12 months (possibly reduced to 9 months if I take the course). Do I need to tell my employer,because I work in a school as a teacher even though my work is not driving related.

favour i was in exactly the same boat as you. got my contracts through in october for a job starting in february, my crb was done in october, i was convicted in november. i didnt tell them and nothing has ever been said or asked. i was lucky that i wasn't plastered all over the local papers though. good luck.

 

[favour1975]

Re: charged with drink driving but my drink was spiked and witness is available

favour i was in exactly the same boat as you. got my contracts through in october for a job starting in february, my crb was done in october, i was convicted in november. i didnt tell them and nothing has ever been said or asked. i was lucky that i wasn't plastered all over the local papers though. good luck.

I have just found out that my drink was topped up with an extra shot of Jack Daniels while I was away at the toilet. My mate confirmed this. he didn't know I was driving, he topped it up for everybody in the group while I was away. There was no malicious intent. In my glass originally I had only one single shot of Jack daniels, and this was mixed with coke filled to the top. This is what I will usually have and never gets over the limit. My solicitor has asked if he would come forward to witness, and he has agreed. My urine test showed 110 which was only 3 more than the limit, which explains why it must have been topped up without my knowledge. This is why i wasn't far from the limit.

What are my chances? Anybody in this situation before? My solicitor claimed I have a 7-8 chance out of ten to win the case.

 

[samsam89]

Re: charged with drink driving but my drink was spiked and witness is available

I have just found out that my drink was topped up with an extra shot of Jack Daniels while I was away at the toilet. My mate confirmed this. he didn't know I was driving, he topped it up for everybody in the group while I was away. There was no malicious intent. In my glass originally I had only one single shot of Jack daniels, and this was mixed with coke filled to the top. This is what I will usually have and never gets over the limit. My solicitor has asked if he would come forward to witness, and he has agreed. My urine test showed 110 which was only 3 more than the limit, which explains why it must have been topped up without my knowledge. This is why i wasn't far from the limit.

What are my chances? Anybody in this situation before? My solicitor claimed I have a 7-8 chance out of ten to win the case.

Don't listen to solicitors too much because it is the court that ultimately decides, so imo it's wrong to get your hopes up.

Having said that, I took this from another website:

[h=2]Spiked or laced drinks[/h]

In order to successfully defend a case on the basis that a drink was spiked the Defendant will need to show:

But for the drink being spiked, they would have been below the limit or their ability to drive would not have been impaired; They had no knowledge that the drink was spiked or any reason to assume that they were above the limit.

However, even if the above issues are established, it is still open to the Court to convict the Defendant, although these reasons can be used to justify "special reasons" as to why there should be no disqualification.

So, if you and your solicitor decided to defend your case, I imagine you would have to plead not guilty, and your "friend" would have to then appear at your trial and verify your story?

Although it seems clear that one measure of JD would make a significant difference as your reading was extremely close to the legal limit.

 

[favour1975]

Re: charged with drink driving but my drink was spiked and witness is available

Don't listen to solicitors too much because it is the court that ultimately decides, so imo it's wrong to get your hopes up.

Having said that, I took this from another website:

Spiked or laced drinks

In order to successfully defend a case on the basis that a drink was spiked the Defendant will need to show:

But for the drink being spiked, they would have been below the limit or their ability to drive would not have been impaired; They had no knowledge that the drink was spiked or any reason to assume that they were above the limit.

However, even if the above issues are established, it is still open to the Court to convict the Defendant, although these reasons can be used to justify "special reasons" as to why there should be no disqualification.

So, if you and your solicitor decided to defend your case, I imagine you would have to plead not guilty, and your "friend" would have to then appear at your trial and verify your story?

Although it seems clear that one measure of JD would make a significant difference as your reading was extremely close to the legal limit.

Thanks so much for your advise.

I have decided I will pursue the case and plead NOT Guilty because my witness has agreed to come to the court with me. I know if the extra shot of JD has not been added I will not be over the limit which is why I was very close to the limit. My witness did not have any malicious intention as he didn't even know i was driving. he topped it up for everyone in the group including mine while I was in the toilet. In fact he only remembered he did it after I told him that I justcame back from the police station to find out that my urine test showed I was over the limit, and that I may be in trouble.

I think I have a case here especially as my witness is ready to come forward and the reading was so close. My solicitors are also going to involve a scientist to analyse how much the extra shot affected my alcohol level.

Any more suggestions please!!!!!

 

[samsam89]

Re: charged with drink driving but my drink was spiked and witness is available

Thanks so much for your advise.

I have decided I will pursue the case and plead NOT Guilty because my witness has agreed to come to the court with me. I know if the extra shot of JD has not been added I will not be over the limit which is why I was very close to the limit. My witness did not have any malicious intention as he didn't even know i was driving. he topped it up for everyone in the group including mine while I was in the toilet. In fact he only remembered he did it after I told him that I justcame back from the police station to find out that my urine test showed I was over the limit, and that I may be in trouble.

I think I have a case here especially as my witness is ready to come forward and the reading was so close. My solicitors are also going to involve a scientist to analyse how much the extra shot affected my alcohol level.

Any more suggestions please!!!!!

All I would say is scour the web and see if you can find any more information to give you even more of a heads up/informed point of view. Court cases can be expensive and if you're still found guilty after the trial, the court will give you the maximum sentence . However, if you are able to prove your innocence then you can claim some of the costs back through the court.

Sounds like you were extremely unlucky pal, so I hope it all works out for you!

How did you get caught? Were you pulled over? If the police pulled you over due to swerving in the road or potential dodgy driving then they will have a good case against you.

You don't have to be over the limit to be prosecuted for drink driving believe it or not. They CAN charge you with being "driving when unfit through drink or drugs"...this applies obviously when someone isn't necessarily over the limit, but they're driving is still impaired nonetheless.

If you go down the NOT guilty path, a few things would probably go in your favour:

1. Career: you're a teacher, so why would someone with a role of significant influence and responsibility knowingly drink more alcohol than he was comfortable with, then jump in a car and drive?

2. One measure of JD is 2 units which translates as roughly 16-28mg on breathe (varies according to different sources)... so that IS enough to push you over the limit 2 x JD = 4 units = 32-56mg on breathe.

3. You have proof in the way of you're friend, who is willing to come to court and testify that this story is the truth.

However, what I would say is that the court COULD and MIGHT take the stance of: "Ignorance is not an excuse for breaking the law".

You have to have a serious think about what you want your plea to be, because if you go guilty then you will, based on your reading, almost certainly get a 12 month ban, reduced to 9 months and a small(ish) fine.

Saying that, if you go NOT guilty, then you are placing your fate in the lap of the gods, because they can still convict you even if you present all of your evidence. Not only that, but it will cost you an awful lot more to go down the trial route, and, if convicted, they will give you 0 credit and will impose the maximum sentence (16month ban + the highest possible fine based on your reading).

It really is up to you, and I would suggest getting the opinion of a few solicitors before you make any firm decision. They all offer at least 1 free 30 min consultation, even if it is over the phone.

This seems to have become a rather lengthy reply, but I know how it feels to be in your situation, not knowing what might happen and it helped me when people gave me opinions/information!

Let us know how it all goes!

All the best.

 

[barnabyuk]

Re: charged with drink driving but my drink was spiked and witness is available

Thanks so much for your advise.

I have decided I will pursue the case and plead NOT Guilty because my witness has agreed to come to the court with me. I know if the extra shot of JD has not been added I will not be over the limit which is why I was very close to the limit. My witness did not have any malicious intention as he didn't even know i was driving. he topped it up for everyone in the group including mine while I was in the toilet. In fact he only remembered he did it after I told him that I justcame back from the police station to find out that my urine test showed I was over the limit, and that I may be in trouble.

I think I have a case here especially as my witness is ready to come forward and the reading was so close. My solicitors are also going to involve a scientist to analyse how much the extra shot affected my alcohol level.

Any more suggestions please!!!!!

I'd make your witness aware that they could very possibly face prosecution and a ban themselves for aiding and abetting, ask your lawyer about this.