Back Calculation

Convicted Driver Insurance

cascader

Member
The story so far:

June 10th, 2 glasses of Red Wine between 1200 and 1400.

Drove to pub at 1500. Had 1 pint of Bitter.

Left pub at 1600, walked 100 yards to see mate.

1630 returned to pub and had 1/2 a pint.

1700 drove 3 miles to Co-op store.

1715, altercation with 4 youths on motor scooters blocking Disabled Parking bay in Co-op carpark (I am not disabled but my neighbour, who had a run in with the same youths two days earlier, is).

1725, leaving the store, scooter removed from disabled slot but placed 6 inches from my drivers door.

Youths denying all knowledge of how it got there. I removed scooter and got into car. Youths pick up scooter and place directly behind my vehicle preventing me from reversing out of parking bay. I was parked nose in to a brick wall.

Further words spoken between youths and self. I refused to get out of my vehicle. Situation getting out of hand. I'm 55 years old and didn't fancy my chances against 4 x 18 year olds. So I reversed (after warning them what I was going to do) over the scooter, knocking it out of the way. I then drove 500 yards to the local Police Station to report the incident.

Police Station unmanned so I drove home (100 yards).

Needless to say, I was upset/angry/frightened (delete as required).

I drank 1/2 a bottle of Red Wine in fairly short order (30 mins or so).

About an hour after the incident, I rang the Police to report the matter.

I then opened a fresh bottle of Red Wine, drank 1/s a glass and proceded to prepare a meal.

Police arrive within 20 minutes of my call. About 1850. I explained what had happened and then was breathalysed at my dining room table. I blew 67.

I was arrested (the open bottle of wine and the glass were impounded, but not the old bottle).

At the Main Police Station, I blew 69 each time.

Photographed/fingerprinted/DNA'ed, then put into a cell for an hour or so (watch, belt, shoes etc removed). After a period of time (no idea how long but within two hours certainly) I was interviewed (taped). Formally charged etc etc then released on bail to re-appear at the Police Station one month later.

Re-appeared to answer bail. Police informed me that Back Calculation had resulted in a reading of 67 and I was further bailed to appear in Court this coming Friday. (First offence ever)

I intend to plead Not Guilty.

Any thoughts?
 
cascader said:
The story so far:

June 10th, 2 glasses of Red Wine between 1200 and 1400.

Drove to pub at 1500. Had 1 pint of Bitter.

Left pub at 1600, walked 100 yards to see mate.

1630 returned to pub and had 1/2 a pint.

1700 drove 3 miles to Co-op store.

1715, altercation with 4 youths on motor scooters blocking Disabled Parking bay in Co-op carpark (I am not disabled but my neighbour, who had a run in with the same youths two days earlier, is).

1725, leaving the store, scooter removed from disabled slot but placed 6 inches from my drivers door.

Youths denying all knowledge of how it got there. I removed scooter and got into car. Youths pick up scooter and place directly behind my vehicle preventing me from reversing out of parking bay. I was parked nose in to a brick wall.

Further words spoken between youths and self. I refused to get out of my vehicle. Situation getting out of hand. I'm 55 years old and didn't fancy my chances against 4 x 18 year olds. So I reversed (after warning them what I was going to do) over the scooter, knocking it out of the way. I then drove 500 yards to the local Police Station to report the incident.

Police Station unmanned so I drove home (100 yards).

Needless to say, I was upset/angry/frightened (delete as required).

I drank 1/2 a bottle of Red Wine in fairly short order (30 mins or so).

About an hour after the incident, I rang the Police to report the matter.

I then opened a fresh bottle of Red Wine, drank 1/s a glass and proceded to prepare a meal.

Police arrive within 20 minutes of my call. About 1850. I explained what had happened and then was breathalysed at my dining room table. I blew 67.

I was arrested (the open bottle of wine and the glass were impounded, but not the old bottle).

At the Main Police Station, I blew 69 each time.

Photographed/fingerprinted/DNA'ed, then put into a cell for an hour or so (watch, belt, shoes etc removed). After a period of time (no idea how long but within two hours certainly) I was interviewed (taped). Formally charged etc etc then released on bail to re-appear at the Police Station one month later.

Re-appeared to answer bail. Police informed me that Back Calculation had resulted in a reading of 67 and I was further bailed to appear in Court this coming Friday. (First offence ever)

I intend to plead Not Guilty.

Any thoughts?
Click to expand...

The burden of proof is upon you to show that:
  • a certain amount of alcohol had indeed been consumed after you had driven and before a specimen was provided
  • had the alcohol not been consumed after you had driven then you wouldve been within the legal limit
You definitely need expert legal representation if you intend to plead not guilty, if you havent already done so I would contact a solicitor with a track record of defending drink driving cases as soon as possible.

Let us know how you get on.
 
Update

Attended Court yesterday (the 21st).

Got the first look at the Prosecution documents including the Forensic Back Calculation evidence. Very interesting.

Eventually got into Courtroom, did the biz with confirming name, date of birth etc etc.

When it came to enter my plea, my solicitor interrupted proceedings and requested time to respond to the Forensic Evidence. The Magistrates agreed, the Prosecution did not have any objections and so my bail was extended until a further appearance in 3 weeks time.

As an aside, having never been to Court before, I was struck by how undaunting the Magistrates were. I treated them with the utmost respect and courtesy and was, likewise, treated by the Chairman of the Bench with respect and courtesy. It made the (albeit) short experience less frightening.
 
Well, the saga continues.

Back to court for a 'review' on the 16th Sept. No appearance in the actual court, just a chat with my solicitor and the first look at my technical defence. Hmmm, for £250 I got a 'technical defence' based on the Widmark Formula, which anyone with a maths brain could work out for themselves (GOOGLE Widmark Formula). The snag is, the amount of errors in my defence!! Who's side are they on!!
No real hardship's as the prosecution technical paperwork is also full of holes and errors. Who's side are they on!!

At the end of the day, this case is getting so complicated that, with respect, the average Magistrate wouldn't understand the calculations (all of which, the experts say, to treat with caution), and so I beginning to feel I may as well attend court and the Magistrates just toss a coin to decide (heads or tails) my guilt or innocence.

Anyway, I'm to appear again on the 30th of September, this time to enter a plea. After which, a trial date will be set. probably December. 6 months after the the initial charge. So someone is making money and someone, me and the taxpayer, is losing money.

The one thing about it, if you are in a grey area (are you over/are you not over), it's well worth the research on GOOGLE etc. It's amazing what you find that can help/hinder you. Make your solicitor earn his money.

OK, if you are caught bang to rights, just put your hands up and admit it but if you believe you are innocent, GO FOR IT, what have you got to lose.

It'll be interesting (for me anyway) to see the Magistrates reaction. Are they just conditioned, Drink Driving = Guilty, or do they actually listen and decide for themselves a verdict.

To be continued.......
 
Well it just drags on and on. Attended Court in September for a Trial Date Hearing. The date was set for October 22nd. Fine. My witnesses all set up for that date. Everyone happy.

24 hours before the Trial, it's cancelled. The Prosecution have 'lost' the paperwork!!! and requested an adjournment. I objected to the request citing stress etc etc but the Magistrates allowed the request.

New date set for a 'case conference' (whatever that is) on the 19th of November.

With the best will in the world, I want this over and done with!

So much for a 'Fast-track' trial!!

I'm still pleading 'not guilty' and know I am innocent (famous last words, of course).

But, it's now getting beyond a joke.

More to follow.................
 
Finally got a trial date, 8th February 2010!!! A full 8 months after the incident.

This is turning into a marathon.

It's no wonder my blood pressure readings at my last routine 6 monthly medical were raised!

Watch this space................
 
All over and done with.

Arrived at Court at the appointed hour to find that the Legal Aid I was getting had ran out. (At the outset of this saga, I was unemployed and recieved LA. I gained employment in January and my income wiped out LA).

My solicitor offered me 2 choices, either retain him at £500 per day or defend myself. (He wanted the £500 there and then).

So, (with 30 mins notice) I defended myself.

I was torn to shreds by the clever words of the prosecution. He had me running around in circles.

End result, fined £700, costs £800 and banned for 18 months.

All in all, a bad day.

I felt as though justice had not been served. My faith in the justice system has been shattered. In my opinion, and that of others, justice is for those that can pay. For those that cannot, justice is a revenue earner for the State.
 
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