Recently collared, blew 45, had my blood taken. What is the course of events now?

[insania]

Got pulled over by a panda car full of coppers (4 of them) when I got into my car and did a u-turn in the dark and rain and didn't have my lights on, because they recently upgraded the sodium lamps for bright whites at the street-corner. As soon as I realised my lights were not on, I switched them on, but the eager PC's decided to pull me over anyway. (It is NOT illegal to drive in built up area 30mph limits covered by streetlights with your lights off BTW). So I was pulled over for not committing a crime.

Now I happened to do this U-Turn at the off-licence at the end of my street, and had my bag of ale on the passenger seat. The PC spotted the bag, mentioned the strong ale within, then announced he could smell alcohol on my person despite him being out at the offside of my car in the cold wet rain. I had not had a drop to drink all day, though I was up to the early hours to be fair.

They had to call in a trafpol in order to breathalyse me. I failed. I was taken to the station and underwent all the arrest procedure and finally got to blow 45 on the machine. I believe a 40 or less would have seen me free. I decided to get a blood test.

That was nearly a month ago. I haven't heard anything from them since. I have a blood sample in the fridge that I have no clue what to do with. I have a document stating I am released on bail and must go to the Custody suite in February.

How does all this insanity work? Am I expected to wear my suit, shirt and tie for the Custody suite bail appointment? Like they will take me to see the beak there and then?

How long do I have to wait on tenterhooks to see if my blood comes back thumbs up or thumbs down? What is the blood limit for prosecution anyway? At worst I would get a 90 (45 * 2). I know the limit is 80 BAC, but is there some leeway like with the breath test?

If the worst happens, how long do I have before I get to tell the magistrates how sorry and awful a vile human being I am, and take the whipping and 12 month+ ban and wallet and insurance raping?

On such a borderline case, is there any chance of a lesser ban?

 

[insania]

Whoops! When I mentioned offside, I meant nearside. Doh! All I can say is plod had amazing olfactory senses.

 

[price1367]

First you are wrong about not having to have lights on in a built up area. This is the requirement:

Rule 113

You MUST

• ensure all sidelights and rear registration plate lights are lit between sunset and sunrise
• use headlights at night, except on a road which has lit street lighting. These roads are generally restricted to a speed limit of 30 mph (48 km/h) unless otherwise specified
• use headlights when visibility is seriously reduced (see Rule 226).

Night (the hours of darkness) is defined as the period between half an hour after sunset and half an hour before sunrise).
Laws RVLR regs 3, 24, & 25, (In Scotland - RTRA 1984 sect 82 (as amended by NRSWA , para 59 of sched 8))

this means that headlamps are not obligatory, but sidelights ARE.
You do not have to have committed an offence to be stopped by the police, (but in this case you were) they are allowed to stop any vehicle on a road to see if the vehicle and the driver are obeying the laws. In your case, the police officer will have required a breath test because he suspected alcohol in your body, and this suspicion can be formed after you have been stopped. From what you quote, the police officers acted in a perfectly lawful manner.
If you have not been drinking, it is very easy to smell alcohol on someone who has, especially when they are in an enclosed space like a car.

You will not go straight to court if you are over, so your dress code it optional IF you are over the limit. You would be bailed to appear at court at a letter date.

I do not know where you get the possible reading of 90 in blood by saying it is 2 x 45? To have any idea of your likely reading you will have to give some timescale to this. When were you drinking, how much and what brand, when did you last eat, when we're you breath tested and, most importantly, how much after the breath test (at the police station) did you provide a blood sample?
there is a small deduction after the result is obtained, but if you are over there is no leeway on the disqualification, it is a minimum 12 months.
you will find the result when you answer your bail, if you want an earlier result you could get your own sample analysed, you would get the result in a week but it will cost you about £100.

If you had not drunk all day, and it was the early hours of the next morning, you must have had a big session the day before!

 

[insania]

First you are wrong about not having to have lights on in a built up area. This is the requirement:

Rule 113

You MUST

• ensure all sidelights and rear registration plate lights are lit between sunset and sunrise

this means that headlamps are not obligatory, but sidelights ARE.

Thank you, I was always under the impression that it was not illegal, though clearly unwise to drive without lights in a built up 30 zone with street lighting. Now I know better

You do not have to have committed an offence to be stopped by the police, (but in this case you were) they are allowed to stop any vehicle on a road to see if the vehicle and the driver are obeying the laws. In your case, the police officer will have required a breath test because he suspected alcohol in your body, and this suspicion can be formed after you have been stopped. From what you quote, the police officers acted in a perfectly lawful manner.
If you have not been drinking, it is very easy to smell alcohol on someone who has, especially when they are in an enclosed space like a car.

I certainly had not been drinking, but I own up to having quite a skinful up to the early hours of the morning. My car was stopped in the late evening.

You will not go straight to court if you are over, so your dress code it optional IF you are over the limit. You would be bailed to appear at court at a letter date.

This gives me some time to find a suit that fits. I have put on considerable weight since I last used to wear a suit. LOL

I do not know where you get the possible reading of 90 in blood by saying it is 2 x 45? To have any idea of your likely reading you will have to give some timescale to this. When were you drinking, how much and what brand, when did you last eat, when we're you breath tested and, most importantly, how much after the breath test (at the police station) did you provide a blood sample?
there is a small deduction after the result is obtained, but if you are over there is no leeway on the disqualification, it is a minimum 12 months.
you will find the result when you answer your bail, if you want an earlier result you could get your own sample analysed, you would get the result in a week but it will cost you about £100.

Yes, I don't see any reason to get my sample analysed as it is the exact same as going to the police lab. I do not think the polices preferred scientific lab will lie about the result.

If you had not drunk all day, and it was the early hours of the next morning, you must have had a big session the day before!

It was an early evening pull. I did indeed have a big session going over to the early morning. I slept all day and I genuinely believed I was OK for a quick shopping trip, but clearly not.

I have been driving since 1997 and have never obtained a single point on my licence. I have never been prosecuted for any crime in my life either. So this is all a bit crazy. I'm too scared to drive my own car (i mean when sober) as I fear it is now marked to be pulled at every opportunity. I have become a recluse over this christmas.

Being banged up in that miserable police cell in the custody suite, even though it was only just over an hour, with my shoes and top taken from me, just a piss stained metal toilet to provide entertainment was enough for me to never ever even think of driving the day after a session again.

 

[price1367]

Fingers crossed that you learn the lesson with having the pain of a 12 month ban!
you haven't indicated the timeframe that I asked about?

 

[ally]

Thank you, I was always under the impression that it was not illegal, though clearly unwise to drive without lights in a built up 30 zone with street lighting. Now I know better

I certainly had not been drinking, but I own up to having quite a skinful up to the early hours of the morning. My car was stopped in the late evening.

This gives me some time to find a suit that fits. I have put on considerable weight since I last used to wear a suit. LOL

Yes, I don't see any reason to get my sample analysed as it is the exact same as going to the police lab. I do not think the polices preferred scientific lab will lie about the result.

It was an early evening pull. I did indeed have a big session going over to the early morning. I slept all day and I genuinely believed I was OK for a quick shopping trip, but clearly not.

I have been driving since 1997 and have never obtained a single point on my licence. I have never been prosecuted for any crime in my life either. So this is all a bit crazy. I'm too scared to drive my own car (i mean when sober) as I fear it is now marked to be pulled at every opportunity. I have become a recluse over this christmas.











Being banged up in that miserable police cell in the custody suite, even though it was only just over an hour, with my shoes and top taken from me, just a piss stained metal toilet to provide entertainment was enough for me to never ever even think of driving the day after a session again.

I can empathise with you, I went out the night before had a great night drunk plenty I was pulled the following evening spent 11 hours in the cell miles away from home I believe I visited hell that night. My opinion of the police has changed massively I was treated as if I was armed, a lone female wearing heels no threat at all, I too have been driving years no criminal record and in the space of 6 weeks my life has been destroyed. I stayed home over Christmas and new year never spoke to a soul, my car is in my parents garage and I cant even think about driving it again, the fear is too much I am afraid I will be pulled whether or not and its just too daunting, I hope things work out for you honestly I do the nightmare just never seems to end once its started x

 

[insania]

Just an update. My blood came back at 83. I believe prosecution is at 81 and above.

Went to court, I chose to have a fool represent me as my lawyer (ie. Me). Magistrates were sympathetic which surprised me as I was expecting a cabal of religious fire and brimstone temperance fanatics. However they were all quite nice and gave me what they said is the absolute minimum they could which is a 12 month ban, £105 fine, £85 costs and £20 victim surcharge. They also offered me the course for a 3 month reduction on the ban, it's £169 with the preferred supplier. I've got until end September to decide to take and pass the course.

Cashing in my remaining insurance and declaring SORN gets me back about £290. That pays for the fine, costs, and the cheap polyester Matalan suit. The savings in not buying petrol will probably pay for the course and forthcoming insurance hike. That's all one way of me trying to spin a positive on the situation.

With the car laid up on the drive I guess I can get round to doing those jobs I've put off like changing the timing belt, etc. I'll do that when the weather's nicer.

Thankfully I live next door to all the shops I need and can rely on family for lifts. I've got a pushbike too. Maybe I'll lose some weight and get fit?

 

[insania]

Just opened the post. £110 fine, so £215 in total. Could be worse.

 

[ally]

Just opened the post. £110 fine, so £215 in total. Could be worse.

Take it on the chin, I have been without car for 8 weeks and last Wednesday went out for lunch with my mum and my pants fell down lost two stone equivalent to two dress sizes now people think I have an eating disorder!!! Its called a 'ban!!!!!!!!!' my parents want to get me an electric bike??? not for the transport but because I am losing weight, I can not win!

 

[Routemaster]

Got pulled over by a panda car full of coppers (4 of them) when I got into my car and did a u-turn in the dark and rain and didn't have my lights on, because they recently upgraded the sodium lamps for bright whites at the street-corner. As soon as I realised my lights were not on, I switched them on, but the eager PC's decided to pull me over anyway. (It is NOT illegal to drive in built up area 30mph limits covered by streetlights with your lights off BTW). So I was pulled over for not committing a crime.

Now I happened to do this U-Turn at the off-licence at the end of my street, and had my bag of ale on the passenger seat. The PC spotted the bag, mentioned the strong ale within, then announced he could smell alcohol on my person despite him being out at the offside of my car in the cold wet rain. I had not had a drop to drink all day, though I was up to the early hours to be fair.

They had to call in a trafpol in order to breathalyse me. I failed. I was taken to the station and underwent all the arrest procedure and finally got to blow 45 on the machine. I believe a 40 or less would have seen me free. I decided to get a blood test.

That was nearly a month ago. I haven't heard anything from them since. I have a blood sample in the fridge that I have no clue what to do with. I have a document stating I am released on bail and must go to the Custody suite in February.

How does all this insanity work? Am I expected to wear my suit, shirt and tie for the Custody suite bail appointment? Like they will take me to see the beak there and then?

How long do I have to wait on tenterhooks to see if my blood comes back thumbs up or thumbs down? What is the blood limit for prosecution anyway? At worst I would get a 90 (45 * 2). I know the limit is 80 BAC, but is there some leeway like with the breath test?

If the worst happens, how long do I have before I get to tell the magistrates how sorry and awful a vile human being I am, and take the whipping and 12 month+ ban and wallet and insurance raping?

On such a borderline case, is there any chance of a lesser ban?

A good lesson from this is not to have any booze inside the car where you can reach it. Safer to carry it in the boot where police can't see it.