Caught drink driving and tested positive for cocaine

[weegee.24]

Hi, need some advice/talk to people.

I was at my boyfriend's friends house Saturday just passed and was drinking alot. Me and my boyfriend had a rough time at the start of the week and was really angry with him. There was arguments, I was an emotional mess and I got a taxi home and left him there and for some reason decided I could get in the car and drive to get him as I just wanted him home. Next minute I'm driving and wasn't anywhere near the friends house but I crashed my car.

Next minute I'm at the side of the road with people helping me and police are there to say I've crashed my car and it's flipped. Because my airbags have went off it's an automatic write off. They asked if I had been drinking to which I admitted and they also asked there was drugs. I got a swab of my mouth and they were trying to find a breathiliser that was working and they found one and said I was over. I didn't deny anything and said I can vaguely remember drugs being on a table( I was in shock and couldn't piece anything together)

I got taken to hospital to get checked over but they didn't take me to the cells cause they said I was (decent) and was making any hassle for them. I kept asking if I was going to jail to which they said no but I'm now panicking incase I am. I wasn't aware of what the reading was for the breathiliser. They did read out that I was being charged/arrested I couldn't remember I couldn't stop crying. I had to wait for someone to come and take bloods and they've told me to wait for the results and then it will go to court.

I am fully aware of what I've done. I did tell them I have bipolar type 2 but have recently been told I've been missed diagnosed and potentially have emotional instability personality and that I had my mental health had been messy in the passed week. I am not looking for sympathy I just need someone to talk to. I'm scared, ashamed and embarrassed. My stepmum is in the police and she said it's my first offence so a fine and a ban. I've also had to call my insurance aswell as finance company to tell them and she's mostly worried about the financial repercussions of it all on me. I haven't told my mum or anyone else I tested positive for cocaine and that my car flipped cause telling them was hard enough. My daughter lives with her dad as I was mentally ill a few years ago and moved away to get better and thought it was in her best interest to live with her dad as she is settled in school. She recently told me she wants to live with us.

I feel I've ruined my life. My ex will love the fact this is happening as he already said he doesn't want her living with me and would do anything to get her away from me. I feel sorry for her, for my family and my boyfriend. He's been amazing and comforting and emotionally supportive but he feels guilty because of the reason I was arguing with him( caught him looking at adult sites when he was drunk)

I know it's no excuse but I've got my own issues and it's already been stated from psychiatrist that I cannot cope when things happen and alcohol doesn't help but I end up drowning my sorrows.

I don't know what to do...my cars written off..my insurance will more than likely not pay ..I'm supposed to be starting a new job this week but just told them I've been in an accident and they've been great but now I'm worried I'll get the sack once I've got convicted. My stepmum told me to take the driving course they offer which I definitely will but she thinks it will be a 12 month ban but I think either longer and possibly I'm thinking jail. I'm so scared can someone please help. I feel so low. I also mentioned to the police briefly and to my boyfriend that I did "just want to die" and I had contemplated suicide that night but they asked questions later and I said no.

Someone please help I'm hanging on my a fingernail here to keep myself sane enough.

 

[price1367]

It is not clear from your account what your current position is…… but whatever it is, the circumstances do NOT show that you are remotely likely to go to prison, so clear that thought from your head.

You mention the roadside breath test being over, but you are not prosecuted on that reading.
Did you provide 2 samples of breath at the police station? If so, were they over and were you charged with drink driving and were you given a court date?
The blood sample for suspected cocaine will have been sent off, and the result will not be back for months. That can be a separate matter to the drink driving. If you were prosecuted for drug driving, there is no course available at the moment to reduce the length of the ban, but this is under review.

I think the best thing for you to do is to write to the police station where you were detained, giving your name, date of birth, address and the approximate time that you were taken into custody, requesting that you be supplied with a copy of your custody record and the video relating to your detention. You can then review this (perhaps with your stepmom) and that will help you understand what went on. (Don’t say you are asking for evidence, just request the custody record and the video)

Please try to stay off alcohol. It is alcohol that has got you in to this, and it is alcohol that will cloud your thoughts as what will happen to you unfolds and only add to your distress.

 

[Liverpoolman1990]

Firstly u know right now you feel like it's end of the world but it does get better just take it slowly day by day and ask for help if you need it.

First offence you won't get prison as for job aslong as the job doesn't involve driving and you can get too and from work public transport or family / friends it shouldn't matter to your employer

as for insurance It varies when I was convicted my insurance payed out for damage to my car tho wasn't written off but I was technically in breach of my terms as in the small print it said the car needed to be taxed /insured / mot ed and obvs bein banned and no other driver in family I couldn't insure it but they where understanding.

I'm sure your not the first and definatly won't be last person to of written off a car that was owned by your finance company when you feel up to it sooner rather then later phone insurance and see where you stand and then ring finance company after all it's in there interest to re coup there losses either by an affordable payment plan or the insurance company

Sorry for the long reply

 

[weegee.24]

It is not clear from your account what your current position is…… but whatever it is, the circumstances do NOT show that you are remotely likely to go to prison, so clear that thought from your head.

You mention the roadside breath test being over, but you are not prosecuted on that reading.
Did you provide 2 samples of breath at the police station? If so, were they over and were you charged with drink driving and were you given a court date?
The blood sample for suspected cocaine will have been sent off, and the result will not be back for months. That can be a separate matter to the drink driving. If you were prosecuted for drug driving, there is no course available at the moment to reduce the length of the ban, but this is under review.

I think the best thing for you to do is to write to the police station where you were detained, giving your name, date of birth, address and the approximate time that you were taken into custody, requesting that you be supplied with a copy of your custody record and the video relating to your detention. You can then review this (perhaps with your stepmom) and that will help you understand what went on. (Don’t say you are asking for evidence, just request the custody record and the video)

Please try to stay off alcohol. It is alcohol that has got you in to this, and it is alcohol that will cloud your thoughts as what will happen to you unfolds and only add to your distress.

Hi,

Thank you so much for your reply. They tested my breath at the side of the road but I can remember it taking a long time as they couldn't find an actual machine that worked. They then sat me at the side of the police van and found one and I did the test and was over. I can't remember the reading or they didn't tell. I'm really not sure.

I wasn't taken into custody they wanted me to go to hospital to get checked out as because the airbags had went off and incase if any head injuries. I was fine, I had to have an x-ray on my foot but that injury was from previously that night and I explained this as it was bandaged.

I have called the police station and I'm waiting on the officers who were there first to call me back for some clarification on everything. I have also called my insurance and finance to let them know. Insurance won't cover anything.

I remember the police saying we think you've clipped another car and that's why it's flipped. So I'm waiting on police phoning back to give me the details of this. So I'm definitely going to be massively in debt.

I'm not even thinking of alcohol and won't for a very long time. I don't even want to drive just now.
I'm worried sick about how this will affect me seeing my daughter. I feel sorry for her.

 

[weegee.24]

Firstly u know right now you feel like it's end of the world but it does get better just take it slowly day by day and ask for help if you need it.

First offence you won't get prison as for job aslong as the job doesn't involve driving and you can get too and from work public transport or family / friends it shouldn't matter to your employer

as for insurance It varies when I was convicted my insurance payed out for damage to my car tho wasn't written off but I was technically in breach of my terms as in the small print it said the car needed to be taxed /insured / mot ed and obvs bein banned and no other driver in family I couldn't insure it but they where understanding.

I'm sure your not the first and definatly won't be last person to of written off a car that was owned by your finance company when you feel up to it sooner rather then later phone insurance and see where you stand and then ring finance company after all it's in there interest to re coup there losses either by an affordable payment plan or the insurance company

Sorry for the long reply

Thank you again for your reply.

I think I'm just in shock with it all. I'm trying to remember exactly everything that happened but most of its a blur. I'm ashamed of myself.

Ive worked so hard the past two years to get my life back on track. I was mentally ill, had no car, no home, no job and I've fought tooth and nail to get that all back as well as getting back to my old self and deal with the diagnosis of bipolar type 2.

Now I've just set myself back about 5years. Im trying to pick myself up but I just can't. I just keep thinking I could of killed someone. Or that I've hit and wrecked someone's car and that's how they get to work or it's all they have?? And I've destroyed that for them. I honestly feel like scum and perhaps it would of been better if I had died that night as I know those thoughts were in my head.

My family and boyfriend and his family have been supportive. I haven't told friends yet. I'm too ashamed. My ex will never ever ever ever let my daughter come live with me. Never. It's maybe best for her, as she's got an absolute idiot for a mum.

 

[weegee.24]

It is not clear from your account what your current position is…… but whatever it is, the circumstances do NOT show that you are remotely likely to go to prison, so clear that thought from your head.

You mention the roadside breath test being over, but you are not prosecuted on that reading.
Did you provide 2 samples of breath at the police station? If so, were they over and were you charged with drink driving and were you given a court date?
The blood sample for suspected cocaine will have been sent off, and the result will not be back for months. That can be a separate matter to the drink driving. If you were prosecuted for drug driving, there is no course available at the moment to reduce the length of the ban, but this is under review.

I think the best thing for you to do is to write to the police station where you were detained, giving your name, date of birth, address and the approximate time that you were taken into custody, requesting that you be supplied with a copy of your custody record and the video relating to your detention. You can then review this (perhaps with your stepmom) and that will help you understand what went on. (Don’t say you are asking for evidence, just request the custody record and the video)

Please try to stay off alcohol. It is alcohol that has got you in to this, and it is alcohol that will cloud your thoughts as what will happen to you unfolds and only add to your distress.

Price I also meant to reply no I didn't get two breath tests. I only had one then they wanted to take me to hospital to get checked out. I had to wait for them to have their own people to come in to take bloods. I was waiting a few hours before bloods were taken. I didn't get taken into police custody. I was allowed to go once bloods and x-ray was done( injury done previously that night) I was told I had to wait on results then it would be take it from there. I've called the police station to ask for the officer who was first there as there was a shift changeover and those officers said they would give me the names and number to call for the first officers there if I had any questions but they didn't give me this. I don't know what I should do? Wait and see what happens? They told me I tested positive for cocaine when I got this swab done on my mouth. They did read out that I was being arrested and read out the act but I was so emotional I honestly didn't take it all in. That's why I wanted to speak to the officer to clarify it all

 

[price1367]

It would be as well to try to contact the officers to find out what is happening. Because you went to hospital without going to the station there will be no custody record or video to view. There may be some bodycam footage but you cannot request that unless you plead not guilty and request the footage as evidence. (Whereas the custody video can be requested by anyone at an entitlement)
At the moment it seems that you are under investigation for drink driving AND drug driving and will have to await the result of the blood samples, That is going to take months and may well be close to the limit of 6 months to start proceedings.
That is why it would be good to get some clarity now on what went on, it may help you piece together the vague recollections you have so far before time clouds even those.

 

[weegee.24]

It would be as well to try to contact the officers to find out what is happening. Because you went to hospital without going to the station there will be no custody record or video to view. There may be some bodycam footage but you cannot request that unless you plead not guilty and request the footage as evidence. (Whereas the custody video can be requested by anyone at an entitlement)
At the moment it seems that you are under investigation for drink driving AND drug driving and will have to await the result of the blood samples, That is going to take months and may well be close to the limit of 6 months to start proceedings.
That is why it would be good to get some clarity now on what went on, it may help you piece together the vague recollections you have so far before time clouds even those.

Thanks for getting back to me.

I live in Scotland so the time frame is now 12 months. So chances of that happening are very slim. I am waiting on the officers calling me back.
I am just scared to call them again incase they tell me everything I DONT want to hear. Like I've hit another car or done property damage. I know I need to it's just nerve wracking that's all.

So it's drink driving and drug driving...does that mean I'm more than likely to have to deal with this on two separate occasions? I.e go to court twice??

 

[price1367]

Sorry, didn’t realise you are in Scotland so yes, you are right the limit to commence proceedings is 12 months.
There are potentially 2 offences and it will depend on how the samples come back. They may well come back as the alcohol first, then the drugs.
The police could wait for both to come back….. but if the alcohol one comes back first and it positive it could be that they will take out proceedings for that and you will be banned. When the drug one comes back, they would then have to decide if they wanted to prosecute you separately for that. Common sense would say that there is not much point because you will be banned for the alcohol anyway, but common sense does not always come into it, particularly with the Procurator Fiscal!

The 12 month time limit factor does make it more likely in Scotland against the same situation in England that the prosecution could decide to wait for both results to come back and then prosecute both, but the reality is that you would be likely to get 12 months for each, served at the same time so 12 months in total.
Scottish courts do not have the same ‘sliding scale’ of disqualification that English ones have, and often just give out 12 months unless there are particularly bad circumstances. You are far more likely to be over the limit in Scotland, of course, because of the lower legal limit there.

 

[weegee.24]

Sorry, didn’t realise you are in Scotland so yes, you are right the limit to commence proceedings is 12 months.
There are potentially 2 offences and it will depend on how the samples come back. They may well come back as the alcohol first, then the drugs.
The police could wait for both to come back….. but if the alcohol one comes back first and it positive it could be that they will take out proceedings for that and you will be banned. When the drug one comes back, they would then have to decide if they wanted to prosecute you separately for that. Common sense would say that there is not much point because you will be banned for the alcohol anyway, but common sense does not always come into it, particularly with the Procurator Fiscal!

The 12 month time limit factor does make it more likely in Scotland against the same situation in England that the prosecution could decide to wait for both results to come back and then prosecute both, but the reality is that you would be likely to get 12 months for each, served at the same time so 12 months in total.
Scottish courts do not have the same ‘sliding scale’ of disqualification that English ones have, and often just give out 12 months unless there are particularly bad circumstances. You are far more likely to be over the limit in Scotland, of course, because of the lower legal limit there.

Ah god.. two separate offences. That makes me feel even worse and sick. Thanks for the advice though.
So if it's going to take months for the results, does this mean they will take months to actually do the tests or just for the results? I'm just wondering if the drugs still stay present in my blood for that time?

I understand it's hard for anyone to comment on this I guess I'm just trying to get as much information as possible and also clutching at straws.

Thanks again