Suspended sentence.. The DD accusal

[Lorzie]

I was accused of drink driving and crashing.
I said I wasn't in the car but was arrested near the scene. I tried to do the breath test twice but it didn't work. Then got taken to hospital. I then said I will do blood test. They did the bloods and then said I had failed to give a test when arrested. I said no I tried to do it it's not my fault it didn't work. Anyway, they got the blood from a doctor that came in to the hospital and to my disgust he didn't wash his hands, he coughed and splattered all over the testing items he took from the box. He then touched it all before I shouted at him to put on his gloves as he was about to take my blood.
I was quite upset. He then put them on and took bloods. Gave me one and then the police left.
I am now just awaiting what happens next?
The main worry is I am on a suspended sentence for assault occasioning GBH.
And I am terrified about the outcome of all this..
I had been in the pub and had drank a good deal of vodka •
But as far as me driving it's a no. But then I have no proof of that
Neither do I know where my car keys are??
They were in my bag when I went out but not when the police looked in my bag?
Please can someone advise what may happen?
1st ever driving offence
But as stated on a suspended sentence.. My children are so upset and I don't know what to tell them?
Thank you

 

[price1367]

Firstly a suspended sentence can be activated for any offence committed during the suspension period, so it could be activated for drink driving if you are convicted.
i think you can anticipate that when the result of the blood sample is known, the police will want to interview you about the accident. If they have no evidence that you were the driver then they could struggle to get a conviction, but in the meantime they will be asking questions and interviewing people. Were you seen leaving the pub, were you seen driving? Who else is insured to drive the car? If you were not in your car at the time of the accident, why were you in the area of the accident? If you were not in the car, what happened to you that you needed to go to hospital. Did your injuries indicate that you were in the drivers or passenger seat? (Seat belt marks)
if you were not the driver, then you should plead not guilty and let the police present their case, then you produce any evidence that you want to support that you were not driving. The prosecution have to satisfy the court beyond reasonable doubt that you were the driver.
if you were driving, they you could be playing a dangerous game by denying it. If you then are found guilty, the court have to decide if they should activate your suspended sentence, and you would ask them to show mercy to a person .......who has just lied to the court. On the other hand, of course, the evidence might not stack up and you could be found not guilty and the suspended sentence is then irrelevant.
if you cannot remember what happened, as you seem unclear about the keys (not that them being missing is a bar to prosecuting you) then ask people who you were with that night what happened, to help you understand. If you were to be convicted, the court would be much more likely to be understanding about not activating your suspended sentence if you had been shown to have cooperated and shown remorse.
The decision is yours.
One other thing, if the police say the breath test machine at the roadside was working ok, then they could also charge your with failing to give a roadside breath test. This is a separate offence. After all, it is only a tube you have to blow straight through, and it takes very little pressure to blow the required sample. I occasionally see people on my courses that have been charged with drink driving AND failing to provide a roadside breath test, but this seems to be reserve for occasions when they have been particularly awkward and the Polce get their own back.