Arrested for Drink driving from home.

Convicted Driver Insurance

sm03art

Member
Id been out with staff from work starting at 2pm. I had 3 pints of 3.8% larger over a 4 hour period, having my last pint at 6pm ish. I left the car in the pub car park and me and my mates went round to another friends. At 9.40pm I returned to the car at the pub car park and drove home. On return to my house my wife and I had a row. I drank another 6 cans of 5% larger in a 30 mins period. The wife phoned the police and the police arrested me for DDriving. At the police station I blew 101. Then spent 22 hours in custody. I hadn't eaten since 12pm on the day I was arrested. I had 2 interviews 1st interview was at 1pm I said that I was not driving the car and that I had had 6 cans on return, this was on advice of the duty solicitor. 2nd interview was at 6pm they had me on CCtv driving from the pub car park, the 2nd interview was "no comment". Im now on bail.......
Any advice please!
 
Re: Arrested for Drink driving from home. Now on bail.

What you are describing is commonly referred to by lawyers as a "hip flask" defence, ie the alcohol that took you over the limit was consumed after you drove.

However, to charge you with anything at all the police will have to have some evidence that you drove the car at some point. You say your wife has refused to provide a statement but has signed a pocket note book. The prosecution could decide to summons her to court as a witness against you on the strength of the the signed (?) pocket note book entry. Your wife should seek independent legal advice from a criminal defence solicitor, and not rely on what she is told by the police/CPS about how she stands legally if she is witness summonsed.

Without evidence from your wife, then from what you say, the only other evidence is the CCTV. The value of this will depend on whether or not you can be clearly identified as being the driver from the footage. The police sometimes arrange for CCTV stills to be enlarged/enhanced to improve quality.

If the police can prove you drove then the success or otherwise of your hip flask defence will boil down to credibility. The court may be sceptical about you drinking 6 cans of lager in a 30 minute period after getting home. Your credibility will be tarnished by the fact the account you will give in court is significantly different to the account that you gave to the police in your first interview. A Court may very well find that you are not a credibile witness for this reason.

You will also need a forensic report from a scientist who will perform a BAC calculation to support your hip flask defence. An expert may or may not say that the breath reading you gave is consistent with the amount of alcohol you say you had to drink. This evidence will also affect credibility one way or the other.
 
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Ive post a reply on the solicitor forum, ive spoken to the wife and yes she did sign the police pocket book but she will not testify against me if it does go to court........please advise of my situation?
 
Your wife could be witnes summonsed by the prosecution, in which case she should take legal advice from an independent solicitor.

The other possibility is that the prosecution try to use the signed pocket note book entry as evidence under the hearsay rules, although they will have to apply to the court for special permission to do this.
 
Just had a phone call from Sean (Stephensons Sols) Police are taking No Further Action..........Yippee!
 
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