Drink Driving Case for Appeal??

Convicted Driver Insurance

bki

New Member
Hi, I put this in the wrong section earlier i think...

I've been coming on here for a while now, I was caught with 80mg in breath back in August following a bus crashing into me on a saturday morning, I'd been to pick my car and DJ equipment up from the pub I DJ in part time. (Bus company have accepted liability for the accident, I haven't been charged with Dangerous or careless driving by the police)

I was in court last week and given a 20month ban (15 with DD course) and £100 fine as I have lost my day job as I can't drive...had to tell work today which was probably worse than going to court.

Rewind to the night I was DJing, and over the course of the evening, I had drank 5 beers, and I know that this amount wouldn't put me over the limit in the morning. I was working from 8-12.30 that night.

In court my defence was that my drinks had been spiked, as there is no way I'd have been over in the morning after 5 beers. I didn't feel particularly well in the morning as I'd been on Tamiflu and Codiene and I have a bad sinus problem so I'd taken a tablet for that as well.

Anyway I can only think that someone has spiked my drinks whilst i was working, the pub gets a lot of idiots in there and on that night i was constantly being pestered off a group of lads to use my mic and play the music they wanted. I didn't, hence these are the only people i can think who would spike my drinks when i went for a fag/nipped to the gents.

I'd been off work at my day job the end of that week and yes i shouldnt have gone to DJ if i wasn't feeling 100%, but I needed the money. And yes I shouldn't have drank whilst on medication, but its happened now.

My solicitor allowed me to prepare all the statements (3) of people working at the pub who didn't see me drinking to excess that night, then decided to tell me ON THE DAY OF THE TRIAL :eek: that I should just pleed guilty cos the evidence i'd given wasn't strong enough (pub doesnt have CCTV inside :mad: and I don't know who this group of lads were, even if it was them...

Apologies for the essay but just wanted to list what happened so people can see what they think.

My question is...is it worth going for an appeal (albeit with a different solicitor!) cos i didnt even get a trial cos the solicitor didnt explain whatsoever that the guilty plea meant that I got chance to say what happened (I thought it was guilty but with special reasons). its been 7 day since i was sentenced.

Also, are you supposed to have an interview at the police station? I was never interviewed, just thrown straight in the cell after blowing in the machine then getting my DNA etc done b4 i went??

Any help/advice anyone can give would be much appreciated cheers
 
Last edited by a moderator:
If you were intending to argue that your drinks were laced then your Solicitor should have advised you that this is not a defence. It is a special reason which can, if argued successfully, result in no ban being imposed for the offence in question. You would argue special reasons following a guilty plea.

If you wanted to appeal against your conviction we would be able to advise you on the merits following a detailed review of the evidence in your case. We would also need to take full information from you in relation to the events that happened in relation to the incident in question.

We would charge privately for our service and would invite you to contact us by telephone if you are interested in discussing this further.
 
Hi

I've just had my driving licence back through the post from the court??

Do i have to send it off to the DVLA?? I thought when the clerk takes it off you at court (3 weeks ago) that they send it off and you don't see it again till the end of your ban period when u have to reapply??:confused:
 
The Court should not have returned your licence to you following the imposition of a disqualification. This is clearly a mistake. You cannot drive until your ban has expired and you have been issued with a new driving licence by the DVLA. I would suggest you contact the court and ask them whether they would prefer you to return your licence to them or send it directly to the DVLA in Swansea
 
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