backcalc
New Member
My case is quite a complex one;
After a day of drinking from 1pm - 1am (total 9-10 drinks) spaced out as we were at a music festival and queues were heavy, me and my fiancée got into an argument. I left my friends house alone where we were staying to avoid waking them up. I had a cigarette and a walk to let things calm down. After a few mins she followed so I went in to the car to avoid waking his neighbours up
The argument eventually resulted in my fiancée running off out of the small estate and towards the main road. She was going through some very tough times at home at the time and had already banged her own head in frustration that night. I panicked and drove to find her knowing she wouldn't be far. She wasn't far so I talked her back into the car, she got in and I eventually came full circle back onto the state via the roundabouts and back where my car was originally parked
During the argument an eye witness reported to the police that I had abused my fiancée. This was later proved wrong. The police turned up to arrest me for the assault while we were in the car making up very distressed and upset. The arrest for assault really tipped us both over the edge. I was kind and polite with the police but the thought of ever hurting her broke my heart
Because of being arrested for something else I wasn't asked if I had drove the car until I was back at the station to which I said I had. More hours passed while I was in the cell and I was eventually breathalysed. I blew under (30). I then went on the black intoxicating machine (which was having difficulties loading) which blew 27. I eventually gave an interview for the assault which included my drink consumption. I answered as honestly and accurately as I could
I was cleared of the assault by CPS after 17 hours of being held and eventually released to be told I may or may not still be charged if the CPS decide to go ahead with the 'back-calculation' where they work out what I would have been at the time of driving
No officer saw me drive, I couldn't give an accurate account of exactly what time I drove, what time I stopped drinking, exactly how much I drank/Spilt, etc etc, yet it came through the post that my breath would have been 93 at the time of driving.
I find this quite hard to believe. I remember every motion, to the point of the whole argument with my fiancée and I explained this on my spoken interview with the officer
I guess in such a complex case - should I be pleading innocent or guilty? Shouldn't the estimation of 'breath' from hours and hours previous be an estimate? A range? X - Y? If anyone else has experience of this I'd be keen to hear about it
After a day of drinking from 1pm - 1am (total 9-10 drinks) spaced out as we were at a music festival and queues were heavy, me and my fiancée got into an argument. I left my friends house alone where we were staying to avoid waking them up. I had a cigarette and a walk to let things calm down. After a few mins she followed so I went in to the car to avoid waking his neighbours up
The argument eventually resulted in my fiancée running off out of the small estate and towards the main road. She was going through some very tough times at home at the time and had already banged her own head in frustration that night. I panicked and drove to find her knowing she wouldn't be far. She wasn't far so I talked her back into the car, she got in and I eventually came full circle back onto the state via the roundabouts and back where my car was originally parked
During the argument an eye witness reported to the police that I had abused my fiancée. This was later proved wrong. The police turned up to arrest me for the assault while we were in the car making up very distressed and upset. The arrest for assault really tipped us both over the edge. I was kind and polite with the police but the thought of ever hurting her broke my heart
Because of being arrested for something else I wasn't asked if I had drove the car until I was back at the station to which I said I had. More hours passed while I was in the cell and I was eventually breathalysed. I blew under (30). I then went on the black intoxicating machine (which was having difficulties loading) which blew 27. I eventually gave an interview for the assault which included my drink consumption. I answered as honestly and accurately as I could
I was cleared of the assault by CPS after 17 hours of being held and eventually released to be told I may or may not still be charged if the CPS decide to go ahead with the 'back-calculation' where they work out what I would have been at the time of driving
No officer saw me drive, I couldn't give an accurate account of exactly what time I drove, what time I stopped drinking, exactly how much I drank/Spilt, etc etc, yet it came through the post that my breath would have been 93 at the time of driving.
I find this quite hard to believe. I remember every motion, to the point of the whole argument with my fiancée and I explained this on my spoken interview with the officer
I guess in such a complex case - should I be pleading innocent or guilty? Shouldn't the estimation of 'breath' from hours and hours previous be an estimate? A range? X - Y? If anyone else has experience of this I'd be keen to hear about it