Just checking before I go to see my solicitor

Convicted Driver Insurance

Psychobabble

Member
Ok, so as many I have been monumentally stupid and drove after a drink. I have a solicitor and a court date and I know I will be banned. But there is just one thing going around in my head that I cannot shake...so please could someone advise!

I pulled over after clipping a curb and the car behind me flashing lights (ordinary car)...I know I shouldn't have stopped but I was worried...anyway they were an off duty po. He called back up who summarily breath tested and I was taken to the cells. My question is I felt fine when I stopped but got progressively worse whilst waiting and on getting to the station, stress and the effects kicking in I suppose. So, I know an off duty can stop me, but should I still be charged with s. 5.1.a rather than 5.1.b as it was some time (maybe 10-15) mins before back up arrived and then probs 20 mins before I got to the station.

I know I'm probably grasping at straws and I am willing to take my punishment as in the end I should not have been such an idiot.

Many thanks
 
I think you have no chance of getting this dropped to i'in charge' rather than driving whilst over the legal limit.
the evidence of driving can come from a third party, and in your case it is a very reliable third party - an off duty police officer!
he does not have the power to stop you, but you say he flashed his lights and you stopped yourself. When he has then suspected alcohol, he cannot require a breath test unless he is in uniform (unless your impact with the kerb could amount to a Road Traffic Collision) but is entitled to detain you pending the arrival of his colleagues with the breath test kit.
you say "I know I shouldn't have stopped." I am sure you should have stopped, because you could have continued your journey whilst over the limit and caused an accident. I would certainly NOT let the court know that this is how you felt about how you were stopped.......
 
@price: apologies, I didn't mean I know I shouldn't have stopped as I had had a drink I mean I stopped for what could have been anyone flashing their lights behind me, fortunately in my situation it was a police officer not anyone else with any other intentions.

I fully appreciate the potential consequences my actions could have had and can only be grateful they didn't.
 
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