Breath test conviction but wasnt drink driving

Convicted Driver Insurance

Sostupid86

New Member
My Husband And I went out for a meal and had a few drinks. At the end of the night I made the disastrous decision that I would just drive because I felt ok! Biggest mistake of my life! Anyway as we left the restaurant I clipped the wall didn’t damage it or anything but scrapped my car, knowing what I had done I left it and came home.

Anyway unbeknown to us the restaurant had reported us however when they reported it they indicated my husband drove which is completely untrue,

Anyway the police came I confessed as soon as they arrived however because of the statement from the restaurant and the fact my husband is the registered keeper of the vehicle they completely ignored what I told them (I confessed many many times) and just wanted him, my husband didn’t admit myself or him drove he just didn’t really answer. Eventually despite what I told them they took a breath sample from my husband and took him Away, at the station he said he did try but between anxiety and the physical pressure the police put on him he couldn’t complete the breath test (he care home with large bruising on his arms and they cuffed him during the whole period of trying to obtain a specimen)

Anyway it has now came to light that nobody at the restaurant seen my husband drive at all they just assumed, my mum was here looking after our kids so she knows I was driving and so my husband never was a drink driver.

They are now however charging him with not giving a specimen at the station which will see him lose his license for 12 months... he never even drove drunk!! It absolutely boggles me and to make it worse as it’s passed no case is being brought against me at all even though I did actually drink drive!! I am at disbelief as to how this is even possible!!

Anybody ever experienced anything similar and found any way around or argument against this it just seems ridiculous! I have admitted guilt. This will massively affect my husbands work and he didn’t even do it!!

We live in Scotland as I know laws can be slightly different here but this seems completely absurd!
 
If your husband had given a positive sample at the police station the prosecution would have to prove ’beyond reasonable doubt’ that he drive the car.
BUT
because he failed to provide a sample, they only have to show that they had ‘reasonable belief’ that he was the driver, and that he failed ‘without reasonable excuse’ to provide a sample.
Therefore, it actually doesn’t matter if he was driving or not in a fail to supply case, just a question of the reasonable belief by the police. If, for example, they have a recording of a phone call from the restaurant saying “customers have just left the restaurant, hit our wall and driven off, the man was driving” they it could be said that they had a reasonable belief that your husband was driving. If the call just said “customers have just left the restaurant, hit our wall and they drove off”.... and the police PRESUMED that your husband was driving they they could not have a reasonable suspicion, they just jumped to conclusions.
how your husband was treated at the police station could amount to a ‘reasonable excuse’ to not provide, but he would have to ask for a copy of the custody video to support this to show how he was treated and how him being kept in handcuffs while the breath test was attempted. (which would be unusual unless he was displaying a lot of aggression)

It your circumstances I certainly think that your husband needs a solicitor to gather the evidence to present to the court. If enough evidence of your being the driver not your husband is submitted to the Procurator Fiscal they they might be persuaded to drop the case as being “not in the public interest” to pursue a prosecution.
 
price1367 said:
If your husband had given a positive sample at the police station the prosecution would have to prove ’beyond reasonable doubt’ that he drive the car.
BUT
because he failed to provide a sample, they only have to show that they had ‘reasonable belief’ that he was the driver, and that he failed ‘without reasonable excuse’ to provide a sample.
Therefore, it actually doesn’t matter if he was driving or not in a fail to supply case, just a question of the reasonable belief by the police. If, for example, they have a recording of a phone call from the restaurant saying “customers have just left the restaurant, hit our wall and driven off, the man was driving” they it could be said that they had a reasonable belief that your husband was driving. If the call just said “customers have just left the restaurant, hit our wall and they drove off”.... and the police PRESUMED that your husband was driving they they could not have a reasonable suspicion, they just jumped to conclusions.
how your husband was treated at the police station could amount to a ‘reasonable excuse’ to not provide, but he would have to ask for a copy of the custody video to support this to show how he was treated and how him being kept in handcuffs while the breath test was attempted. (which would be unusual unless he was displaying a lot of aggression)

It your circumstances I certainly think that your husband needs a solicitor to gather the evidence to present to the court. If enough evidence of your being the driver not your husband is submitted to the Procurator Fiscal they they might be persuaded to drop the case as being “not in the public interest” to pursue a prosecution.
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Thank you. We are trying to go down the road of him not even being the driver in the vehicle. The original statement that the staff made has now been changed they admit that they don’t know who drove. The police have put in their report that the first thing I say when they come to the house is ‘I know why you are here, I was driving, I clipped my car coming out of the restaurant’ and my mum is witness that I broke down and confessed as soon as I came home. There are some ‘untrue statements’ from The police in their statem by also though they say my husband came ‘stumbling down the stairs’ from where they stood they couldn’t see him come down the stairs my mum and I are both witness to that, they said he was aggressive because at one stage he told them to ‘****ing pack it in’ as they were being overly aggressive and my children had woke up and came down and were upset and I was trying to take them back to bed ‘ the police stated my children were asleep the whole
Time. This is a complete lie myself, my husband, my mother and my children all know they did wake up. I know these aren’t big life altering things but it shows that they are bending the story to gain Favour.

The whole thing is a complete t
Shit show. I just feel helpless and angry because my husband will lose his career, license etc and he didn’t even drive the bloody car. It was me! Which I was honest about at the very very outset!
 
Sostupid86 said:
Thank you. We are trying to go down the road of him not even being the driver in the vehicle. The original statement that the staff made has now been changed they admit that they don’t know who drove. The police have put in their report that the first thing I say when they come to the house is ‘I know why you are here, I was driving, I clipped my car coming out of the restaurant’ and my mum is witness that I broke down and confessed as soon as I came home. There are some ‘untrue statements’ from The police in their statem by also though they say my husband came ‘stumbling down the stairs’ from where they stood they couldn’t see him come down the stairs my mum and I are both witness to that, they said he was aggressive because at one stage he told them to ‘****ing pack it in’ as they were being overly aggressive and my children had woke up and came down and were upset and I was trying to take them back to bed ‘ the police stated my children were asleep the whole
Time. This is a complete lie myself, my husband, my mother and my children all know they did wake up. I know these aren’t big life altering things but it shows that they are bending the story to gain Favour.

The whole thing is a complete t
Shit show. I just feel helpless and angry because my husband will lose his career, license etc and he didn’t even drive the bloody car. It was me! Which I was honest about at the very very outset!
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What price says is totally correct I had a similar situation to yourself and the found me guilty with a long ban even though I was not the driver and someone else was there that said they were driving . They went straight for me as I was the registered keeper . They asked had I drank I said yes they never asked if I had driven . They breathalized me I failed .. I went to trial 2 day not guilty .. they changed the charge and found me guilty ..
 
Jamdpa said:
What price says is totally correct I had a similar situation to yourself and the found me guilty with a long ban even though I was not the driver and someone else was there that said they were driving . They went straight for me as I was the registered keeper . They asked had I drank I said yes they never asked if I had driven . They breathalized me I failed .. I went to trial 2 day not guilty .. they changed the charge and found me guilty ..
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I’m sorry to hear that! I just don’t see the logic in banning someone who didn’t even drive the vehicle. When people are committing crimes like child abuse and getting 6 months probation.. Off topic I know but I really struggle to find the justice in it.
 
Sostupid86 said:
I’m sorry to hear that! I just don’t see the logic in banning someone who didn’t even drive the vehicle. When people are committing crimes like child abuse and getting 6 months probation.. Off topic I know but I really struggle to find the justice in it.
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The justice in this country is very strange in my opinion. If you are a motorist and you haven't been drinking or speeding and you're not
using a mobile phone, you can kill people and not get disqualified from driving. My girlfriend was severely beaten and raped many times
by a previous partner. The Police did nothing about it. However, the Police had no problem convicting me for failing a random breath test.
My girlfriends ex has not received a criminal record for his actions but I did for failing a random breath test.
I'm a very gentle man who treats women with love and respect.
However, according to the law I'm a man who internationally tried to kill people and far worse than a man who beats women and
rapes them!.
My girlfriend says that I am a lovely soft hearted kind man and my driving is gentle and careful at all times.
She was astonished when I told her I was a criminal compared to her ex.
I haven't had a car crash in over 45 years of driving.
Her opinion of the law is very sower and she has no respect for the Police any more.
 
Sostupid86 said:
I’m sorry to hear that! I just don’t see the logic in banning someone who didn’t even drive the vehicle. When people are committing crimes like child abuse and getting 6 months probation.. Off topic I know but I really struggle to find the justice in it.
Click to expand...
The whole area can be very sketchy .. the police could in theory as an example come to your house for another reason you use your keys to open the door to let them in the house .. if your car key is on that bunch of keys and you have been drinking they can charge you with drunk in charge..
 
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