On bail for drink driving

Convicted Driver Insurance

West1491

New Member
I need abit of advice. I very stupidly drove drunk last weekend. I swerved to miss a fox that ran out In the road and hit a lamppost. I then got out the car and left it. Later in the night I got arrested on suspission of drink driving. I had been in the area of where I left the car. In the police car I had admitted to being at the pub earlier in the night and didn't say I was driving the car at all. When at the police station I blew 81. My solicitor told me to no comment when I had my interview. They then bailed me. They didn't actually have me in the car drunk. And they where looking for cctv to prove I was driving. If they can not prove I was actually in the car driving can they charge me?
 
I need abit of advice. I very stupidly drove drunk last weekend. I swerved to miss a fox that ran out In the road and hit a lamppost. I then got out the car and left it. Later in the night I got arrested on suspission of drink driving. I had been in the area of where I left the car. In the police car I had admitted to being at the pub earlier in the night and didn't say I was driving the car at all. When at the police station I blew 81. My solicitor told me to no comment when I had my interview. They then bailed me. They didn't actually have me in the car drunk. And they where looking for cctv to prove I was driving. If they can not prove I was actually in the car driving can they charge me?
To be honest. I had a very similar situation. I used my wife's car to go to my cousins house to give him some money that he needed in an emergency. On the way I got lost as my sat nav battery went dead. I turned around in a pub car park and got the car stuck in a verge. I knocked on the pub windows and doors to get help and the landlady unknowingly to me at the time rang the police after smelling booze on me. I walked on down the road and tried to hitch a lift into town centre to get a cab home and the police grabbed me 1 mile from the scene. I blew 79. What I would say in your case is the police will be checking CCTV everywhere and asking for witnesses. These days of big brother nation it's likely you were seen on CCTV somewhere.
 
Your solicitor took a calculated risk in advising you to go 'no comment' as without an admission there is a chance that the police may not be able to prove that you were driving.
BUT, as Dumbidiot said, there are lots of CCTV cameras about, plus they will enquire at the pub to see if anyone saw you drive away.
there is also the distinct possibility that the police will serve a S172 notice on you as the owner requiring you to state who the driver was at the time of the accident, and examine your insurance to see who else is insured to drive it.
failing to respond to a S172 requirement within 28 days is an offence that carries 6 points. If you do not respond and you have to answer bail in more than 28 days, if the police have evidence of you being the driver at that time, they could charge you with drink driving, failing to name the driver and failing to stop / report an accident. If the police can show that they have been put to a great deal of effort because of your no comment interview, you can expect the magistrates to sentence you at the high end of the sentence guidelines of 17 to 22 months for a reading of 81. You can hardly ask for mitigating circumstances to be considered when you caused this extra work!
i realise why solicitors advise 'no comment', but at the end of the day it is not their own licence that they are playing with......
 
To be honest. I had a very similar situation. I used my wife's car to go to my cousins house to give him some money that he needed in an emergency. On the way I got lost as my sat nav battery went dead. I turned around in a pub car park and got the car stuck in a verge. I knocked on the pub windows and doors to get help and the landlady unknowingly to me at the time rang the police after smelling booze on me. I walked on down the road and tried to hitch a lift into town centre to get a cab home and the police grabbed me 1 mile from the scene. I blew 79. What I would say in your case is the police will be checking CCTV everywhere and asking for witnesses. These days of big brother nation it's likely you were seen on CCTV somewhere.

As far as I'm aware there is only one cctv camera near where I live and where I drove to and that isn't often turned down my road and is usually pointed down towards the town.
 
Your solicitor took a calculated risk in advising you to go 'no comment' as without an admission there is a chance that the police may not be able to prove that you were driving.
BUT, as Dumbidiot said, there are lots of CCTV cameras about, plus they will enquire at the pub to see if anyone saw you drive away.
there is also the distinct possibility that the police will serve a S172 notice on you as the owner requiring you to state who the driver was at the time of the accident, and examine your insurance to see who else is insured to drive it.
failing to respond to a S172 requirement within 28 days is an offence that carries 6 points. If you do not respond and you have to answer bail in more than 28 days, if the police have evidence of you being the driver at that time, they could charge you with drink driving, failing to name the driver and failing to stop / report an accident. If the police can show that they have been put to a great deal of effort because of your no comment interview, you can expect the magistrates to sentence you at the high end of the sentence guidelines of 17 to 22 months for a reading of 81. You can hardly ask for mitigating circumstances to be considered when you caused this extra work!
i realise why solicitors advise 'no comment', but at the end of the day it is not their own licence that they are playing with......

From where I live to where I drove to as far as I'm aware there is only one cctv camera. That is sometimes pointed down my road but most often pointed into the town. There is only one other person on my insurance and she was at home heavily pregnant. I have to answer bail on the 8th April. I will find out from my solicitor on the 7th what evidence the police actually have on me. I've never been in trouble with the police before and I'm very ashamed of what I have done, I'm usually so sensible I border being boring as a friend told me the other day. I've not had to have a solicitor before so I just did what she had said, I thought that was the whole idea of them.
 
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