is there a 6 month time bar to be charged if caught drink driving

Convicted Driver Insurance

kipfinn

New Member
I crashed my car on 19th of october last year and was detained, I had a pass and a fail on the 2 breath samples takin at the station 1 being a fail the other being a pass, the police then took another 2 which were inconclusive, a blood test was takin after that which I was told was 2 and a half times over the limit, I have not been charged or herd anything from when this happend, a friend told me that after 6 month the case is time barred and I cannot be charged, could you tell me if this is correct, thanks
 
Your friend in almost right......
starting with the day after the commission of a summary offence, the police have 6 months in which to lay information before the court to commence proceedings. The actual issue of the summons can be some time after that, with a court appearance perhaps weeks later.
so the last day for the police to lay information is today, but you could still receive a summons in the next 4-6 weeks...... you are not out of the woods yet!
One other thought, if you have moved address this could all have been properly done, but sent to your old address. This complies with prosecution requirements, it is not their fault if you moved so have not received the summons.
 
Thanks very much for yor reply, I haven't moved address, just not herd a thing from after I was released without charge pending blood test results as my breath samples where inconclusive, I have also been told my car which was a write off should have been impounded as evidence which it wasn't and I was allowed to fone a recovery service to have it removed, I jst thought I would have herd something by now like a say its been 6 months and not a word
 
I find it odd that your readings were as you describe, if one is over and one is under, the police take the lower of the 2 readings - which should have meant that you were under and no further samples can be provided. You cannot be required to provide more than 2 samples of breath. (Unless you mean by a "fail" that you did not provide a proper second sample. Even then, the police can only restart the machine to obtain ONE more sample, so they have 2 in total.
Then if you provided 2 which were inconclusive, I presume you mean between 40 and 50, which then meant that you were offered a blood or urine sample. It would be very unusual for your blood sample to come back at about 200 (2.5X the legal limit) - unless you had been drinking quite a lot shortly before the breath test procedure which then elevated your sample. (50 in breath is about equivalent to 120 in blood) what was the delay between the breath tests and the blood sample being taken? What were the readings from the ones that were 'inconclusive'?
When the police released you pending the blood result I would have expected them to bail you to return to the police station at a fixed date. Did they not do this? If for some reason the police did not do this, I would have expected the officer to phone you, tell you the result and then say: "please come to the police station at xx time and date" for you to be charged with the offence.
If there was a delay between the breath and blood samples, and you had not been recently drinking (the difference between 50 in breath and 200 in blood is about 5 units) then I actually think that you may have missheard the result over the phone, and the blood result was under.....
You mention about why your car was not impounded as 'evidence', that would normally only happen with a serious injury collision. Was anyone hurt at all? They would not seize it for a damage only one.

Just sit sit tight for another 6 weeks or so to see what comes through the post. Certainly do not phone the police as that may stir up something that would have gone away otherwise. After that you should be in the clear.
 
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price1367 said:
I find it odd that your readings were as you describe, if one is over and one is under, the police take the lower of the 2 readings - which should have meant that you were under and no further samples can be provided. You cannot be required to provide more than 2 samples of breath. (Unless you mean by a "fail" that you did not provide a proper second sample. Even then, the police can only restart the machine to obtain ONE more sample, so they have 2 in total.
Then if you provided 2 which were inconclusive, I presume you mean between 40 and 50, which then meant that you were offered a blood or urine sample. It would be very unusual for your blood sample to come back at about 200 (2.5X the legal limit) - unless you had been drinking quite a lot shortly before the breath test procedure which then elevated your sample. (50 in breath is about equivalent to 120 in blood) what was the delay between the breath tests and the blood sample being taken? What were the readings from the ones that were 'inconclusive'?
When the police released you pending the blood result I would have expected them to bail you to return to the police station at a fixed date. Did they not do this? If for some reason the police did not do this, I would have expected the officer to phone you, tell you the result and then say: "please come to the police station at xx time and date" for you to be charged with the offence.
If there was a delay between the breath and blood samples, and you had not been recently drinking (the difference between 50 in breath and 200 in blood is about 5 units) then I actually think that you may have missheard the result over the phone, and the blood result was under.....
You mention about why your car was not impounded as 'evidence', that would normally only happen with a serious injury collision. Was anyone hurt at all? They would not seize it for a damage only one.

Just sit sit tight for another 6 weeks or so to see what comes through the post. Certainly do not phone the police as that may stir up something that would have gone away otherwise. After that you should be in the clear.
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When I was released I was only given back my posetions, a was not asked to return at a further date nor have I had a fone call telling me otherwise, the reason I know my blood sample came back as 2 and a half times the limit is because I have a friend who works at the station I was taken to and he checked to see if there where any up dates, I also blew 2 samples like I said and 1 was a pass and 1 was just over the officer said which they then proceeded to take another 2 which I now know I could have refused as my lowest reading was under, the second 2 where inconclusive, I was then told I had the choice off a blood sample which the officer recommended, I waited roughly 2 and a half to 3 hours before the doctor arrived to take my blood sample, I just find it strange that I have not even been updated on my blood sample
 
So the difference between your breath and blood readings, with the delay, are the equivalent to a quarter bottle of whisky!
unless you had drunk that amount in the hour before you were tested, there is no way you could have been 2 1/2 times the legal limit with the blood sample and your friend misread the result.
 
Thanks very much for your information I can only assume my friend has misread the blood results, hope fully I am ok a don't hear anything back, an thanks again for your information
Regards, Chris
 
They should have still contacted you to let you know the result, even if under. That is one mistake..... it is more plausible than the series of mistakes they made if your scenario was correct.
 
kipfinn said:
I crashed my car on 19th of october last year and was detained, I had a pass and a fail on the 2 breath samples takin at the station 1 being a fail the other being a pass, the police then took another 2 which were inconclusive, a blood test was takin after that which I was told was 2 and a half times over the limit, I have not been charged or herd anything from when this happend, a friend told me that after 6 month the case is time barred and I cannot be charged, could you tell me if this is correct, thanks
Click to expand...


My situation is slightly similar. I have been charged though, however it's been 6 weeks now and I've heard nothing.

My insurance are trying to chase me as they're finding out what the police said, but i've just said I'm waiting for police paperwork to be sent to me. What I find strange though is when my insurance tried contacting the police a week ago, they said that nothing has happened at the minute i.e being charged.
 
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