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Thread: What happens now?

  1. #1
    forwhatitswoeth is offline New Member
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    Default What happens now?

    Had a rough year. Lost my only parent in May in terrible circumstances (I'm only 20) and I was caught drink driving my recently passed fathers sports car , as far as I remember, getting into or starting it up in a car park.

    long story short

    Policeman flashed me while I was parked just getting into the vehicle. Vehicle was not insured, had been sorned, and had no mot. Police noted none of this as if they had of done they would not have let me go back to my car the next day, the car which by law should have been impounded their and then- so I feel the arresting policeman has slipped up here. They took urine sample which I also have Copy of and I am on bail till 8th February. I go back to the police station then and will either be charged or released as my urine sample has to be analysed. They couldn't take breathalyser as of a condition I have and because of my religion I did not allow them to take blood. So urine was last option. This was given at least 2-3 hours after my arrest in my opinion. What happens now? I'm fairly confident the urine will show that I was over the limit- first time I'd drank in months and it was silly of me, I know. Now to face the consequences. Any help or service would be GREATLY appreciated.
    king regards in advance!
    Last edited by Forum Moderator; 01-10-2017 at 12:43 AM.


  2. #2
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    Default Re: What happens now?

    Quote Originally Posted by forwhatitswoeth View Post
    Had a rough year. Lost my only parent in May in terrible circumstances (I'm only 20) and I was caught drink driving my recently passed fathers sports car , as far as I remember, getting into or starting it up in a car park.

    long story short

    Policeman flashed me while I was parked just getting into the vehicle. Vehicle was not insured, had been sorned, and had no mot. Police noted none of this as if they had of done they would not have let me go back to my car the next day, the car which by law should have been impounded their and then- so I feel the arresting policeman has slipped up here. They took urine sample which I also have Copy of and I am on bail till 8th February. I go back to the police station then and will either be charged or released as my urine sample has to be analysed. They couldn't take breathalyser as of a condition I have and because of my religion I did not allow them to take blood. So urine was last option. This was given at least 2-3 hours after my arrest in my opinion. What happens now? I'm fairly confident the urine will show that I was over the limit- first time I'd drank in months and it was silly of me, I know. Now to face the consequences. Any help or service would be GREATLY appreciated.
    king regards in advance!
    Sorry to hear about your loss. You will just have to wait until you hear of your urine sample analysis result on the 8th February. If the urine sample shows that you were over the legal limit then you will be charged accordingly and re-bailed to appear at a magistrates court at a later date to face the charges brought against you. You can find the range of sentences available that are imposed for drink driving offences here, the sentence received for drink driving offences is largely dependent on the level of alcohol in your system at the time the offence was committed. The higher the level of alcohol, the harsher the penalty.

    If your urine sample shows you were under the legal limit and the fact that you were uninsured comes to light you may be charged with driving with no insurance which carries 6 penalty points and a fine.

    If the urine sample shows you were over and the fact that you were uninsured comes to light, it is likely that the fact you were uninsured will be classed as an aggravating factor to the drink driving offence rather than a separate offence.

    Let us know how you get on.
    Last edited by Forum Moderator; 01-10-2017 at 01:06 AM.

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  3. #3
    forwhatitswoeth is offline New Member
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    Default Re: What happens now?

    Quote Originally Posted by Forum Moderator View Post
    Sorry to hear about your loss. You will just have to wait until you hear of your urine sample analysis result on the 8th February. If the urine sample shows that you were over the legal limit then you will be charged accordingly and re-bailed to appear at a magistrates court at a later date to face the charges brought against you. You can find the range of sentences available that are imposed for drink driving offences here, the sentence received for drink driving offences is largely dependent on the level of alcohol in your system at the time the offence was committed. The higher the level of alcohol, the harsher the penalty.

    If your urine sample shows you were under the legal limit and the fact that you were uninsured comes to light you may be charged with driving with no insurance which carries 6 penalty points and a fine.

    If the urine sample shows you were over and the fact that you were uninsured comes to light, it is likely that the fact you were uninsured will be classed as an aggravating factor to the drink driving offence rather than a separate offence.

    Let us know how you get on.
    thankyou for your honest reply. I understand the consequences but what I can't get my head around is why was this not checked at the time? Surely when you pull some one over for drink driving , you would check the database and see the vehicle was not only sorned but not insured. This was not mentioned to me once at the police station, neither was It as I left and signed my bail sheet, which leads me to believe the PC who arrested me did not follow procedure- as as far as i have read,if a car is neither SORNed or not insured it is suppose to be taken away by the police.
    i went back the next day, car still their, blocking the entrance to someone's business, he informed me he had rang all of ,msnchester police snd no registration of the vehicle had been taken that night and that they had no knowing of it

  4. #4
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    Default Re: What happens now?

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    Quote Originally Posted by forwhatitswoeth View Post
    thankyou for your honest reply. I understand the consequences but what I can't get my head around is why was this not checked at the time? Surely when you pull some one over for drink driving , you would check the database and see the vehicle was not only sorned but not insured. This was not mentioned to me once at the police station, neither was It as I left and signed my bail sheet, which leads me to believe the PC who arrested me did not follow procedure- as as far as i have read,if a car is neither SORNed or not insured it is suppose to be taken away by the police.
    i went back the next day, car still their, blocking the entrance to someone's business, he informed me he had rang all of ,msnchester police snd no registration of the vehicle had been taken that night and that they had no knowing of it
    The police are not required to check whether or not you are insured in order to require a road side breath test from you and / or arrest you on suspicion of drink driving and subsequently require you to provide a breath, blood or urine sample for analysis, so no breach of procedure has occurred there.

    The police are also not required by law to seize a vehicle that is uninsured, they do have the power to seize a vehicle that is uninsured and they may do so, but it is not a requirement and it is not something they must do.

    If a police officer reasonably suspected that you had alcohol in your system and you were or had been driving, attempting to drive or in charge of a motor vehicle then they can require you to provide a road side breath test or arrest you without warrant, take you to the police station and require you to provide an evidential specimen for analysis.

    In any case, anything to do with insurance or SORN has no effect on the evidence and procedure related to the drink driving matter.
    Last edited by Forum Moderator; 01-10-2017 at 12:27 PM.

    Regards
    Forum Moderator


    UK - UK Drink Driving Laws | Drink Driving Solicitors | Convicted Drivers Insurance | BAC Calculator | FREE Legal Advice | Latest News
    | Latest Info | Drug Driving

    U.S. - US DUI Drunk Driving Laws | US DUI Lawyers & Attorneys | SR22 Auto Insurance | BAC Calculator | FREE Lawyer Consultation

    International - Worldwide BAC Limits Maximum legal prescribed blood alcohol content limits for over 250 countries & jurisdictions