Drink driving crash

Convicted Driver Insurance

RegretItAll

Member
I was involved in a drink driving accident 23/07/21 and still awaiting official charges.

I believe my roadside reading was 120-130 breath
But blood was taken 5 hours later

I failed to stop for police
Crashed the car (wrote off)
10pm
No traffic
Nobody injured (including myself)
1st offence
Have lost my job and 20k per year now I’m in a minimum wage role.
Struggle with anxiety

What is would you say no outcome would be?
 
You will certainly have still been over the limit when your blood was taken, and be in the 17-23 month disqualification bracket. There will either be a fine, based on your (non!) income or a community penalty.
Because you failed to stop for the police, you may well find you will be sentenced at the top end of the ban range.
This can be reduced by up to 25% if you are offered, and complete, a Drink Drive Rehabilitation Course.
It depends on how badly you failed to stop for if the police charge you with that offence as well, or just use it as an aggravating factor for the drink driving. Even if they do charge you with failing to stop, there will be no points for that as the disqualification takes precedence over points awarded at the same time.
 
I was involved in a drink driving accident 23/07/21 and still awaiting official charges.

I believe my roadside reading was 120-130 breath
But blood was taken 5 hours later

I failed to stop for police
Crashed the car (wrote off)
10pm
No traffic
Nobody injured (including myself)
1st offence
Have lost my job and 20k per year now I’m in a minimum wage role.
Struggle with anxiety

What is would you say no outcome would be?
Be prepared to wait for months for the results. I have been waiting for just shy of 5 months
 
You will certainly have still been over the limit when your blood was taken, and be in the 17-23 month disqualification bracket. There will either be a fine, based on your (non!) income or a community penalty.
Because you failed to stop for the police, you may well find you will be sentenced at the top end of the ban range.
This can be reduced by up to 25% if you are offered, and complete, a Drink Drive Rehabilitation Course.
It depends on how badly you failed to stop for if the police charge you with that offence as well, or just use it as an aggravating factor for the drink driving. Even if they do charge you with failing to stop, there will be no points for that as the disqualification takes precedence over points awarded at the same time.
Just a curious question as I have wondered after reading posts on here.

Why do they take bloods if you've already provided a breath reading? Ive seen cases where bloods come back lower than breath, but it's not going to make a huge difference is it?

Can you choose to just accept the breath reading and not provide blood? My point is, I could not be doing with the long wait for blood results, and would want to get court out the way and start the ban asap
 
Just a curious question as I have wondered after reading posts on here.

Why do they take bloods if you've already provided a breath reading? Ive seen cases where bloods come back lower than breath, but it's not going to make a huge difference is it?

Can you choose to just accept the breath reading and not provide blood? My point is, I could not be doing with the long wait for blood results, and would want to get court out the way and start the ban asap
Because I was taken to hospital - the roadside reading cannot be used in court
 
That is why you do NOT chase it up with the police!
It could be in an ‘in tray’ somewhere being ignored because the officer in the case is off sick. Start asking questions and they might find it before the 6 months is up.
Make enquiries if you want peace of mind after 7 months.
 
Just a curious question as I have wondered after reading posts on here.

Why do they take bloods if you've already provided a breath reading? Ive seen cases where bloods come back lower than breath, but it's not going to make a huge difference is it?

Can you choose to just accept the breath reading and not provide blood? My point is, I could not be doing with the long wait for blood results, and would want to get court out the way and start the ban asap

The roadside handheld device is only an 'indicator' - it cannot be used as accurate evidence of your alcohol levels.

Police officers don't necessarily need to use the road side breathalyser - they can opt to arrest the driver under Section 4 of the Road Traffic Act (which is being unfit through drink or drugs).

Best practice for the police is to use the breathalyser as it forms part of a failsafe procedure to arrest the driver and prove they have strong grounds for their arrest and detention.

Also it saves time - a breathalyser might show the driver as not being over the limit and this would assist the police in preventing an unnecessary arrest.

CJ
 
That is why you do NOT chase it up with the police!
It could be in an ‘in tray’ somewhere being ignored because the officer in the case is off sick. Start asking questions and they might find it before the 6 months is up.
Make enquiries if you want peace of mind after 7 months.
Is there not the possibility that say after 7 months I call them and then they put through a charge claiming that it was put through before the 6 months was up?
 
No there is no chance of that. They raise the paperwork with the court system and it is date stamped so they could not start proceedings even one day after the 6 months is up. It isn’t the police file that counts, it is the start of the process with the court that counts.
Once they have done that it could be 2-3 weeks before they served it on you, and the actual court case could be months away. The 6 month rule is only about that interaction with the court system and as it is done electronically it cannot be ‘fudged’.
 
Is there not the possibility that say after 7 months I call them and then they put through a charge claiming that it was put through before the 6 months was up?

Very unlikely this will happen. Don't forget if the police submit it late - the Crown Prosecution Service (CPS) will refuse to accept it!!!! The CPS are the gatekeepers who keep the police on their toes.

My guess is the police will probably submit it at the 11th hour and as Price1367 has stated, the wheels of the court system turn ever so slowly.

The six month rule applies to 'laying' the information in preparation for a prosecution (this is done via a charge or summons). Once this happens - the police involvement stops and the case will pass into the hands of the CPS, who don't necessarily have a specified time scale to proceed.

The court system is still dealing with a backlog of cases caused by Covid19. There is every chance your case won't be heard until next year.

If you are not invited back to the police station to be charged, the police may deal with it by way of summons, therefore the police might not contact you (they should out of common courtesy, but they like to keep people sweating who break the law!!!).

If they do not charge you, my guess is you will probably get a summons through the letterbox in a few weeks/months when they have allocated you a date at Magistrates Court.

CJ
 
Very unlikely this will happen. Don't forget if the police submit it late - the Crown Prosecution Service (CPS) will refuse to accept it!!!! The CPS are the gatekeepers who keep the police on their toes.

My guess is the police will probably submit it at the 11th hour and as Price1367 has stated, the wheels of the court system turn ever so slowly.

The six month rule applies to 'laying' the information in preparation for a prosecution (this is done via a charge or summons). Once this happens - the police involvement stops and the case will pass into the hands of the CPS, who don't necessarily have a specified time scale to proceed.

The court system is still dealing with a backlog of cases caused by Covid19. There is every chance your case won't be heard until next year.

If you are not invited back to the police station to be charged, the police may deal with it by way of summons, therefore the police might not contact you (they should out of common courtesy, but they like to keep people sweating who break the law!!!).

If they do not charge you, my guess is you will probably get a summons through the letterbox in a few weeks/months when they have allocated you a date at Magistrates Court.

CJ
Thanks, i am actually looking forward to it so that I can plead guilty and get it over and done with. No punishment will be greater than the wait and anxiety they have put me through
 
Thanks, i am actually looking forward to it so that I can plead guilty and get it over and done with. No punishment will be greater than the wait and anxiety they have put me through
Agree the wait is painful I had to wait may until end Oct then court nov
The wait was awful & every day I hoped i had got away with it
Keep hanging on
 
Thanks, i am actually looking forward to it so that I can plead guilty and get it over and done with. No punishment will be greater than the wait and anxiety they have put me through
Me too. I just want this end. I know I messed up. I’ve lost so much as consequence. My independence, my career (which was field based sales), 20k+ a year in wages, can’t help my sick Mum or my sick grandma, I can’t even do a food shop properly (when I do lose my license)!! Can’t sleep properly worrying about any fines I may get or worst yet, prison time!
 
Me too. I just want this end. I know I messed up. I’ve lost so much as consequence. My independence, my career (which was field based sales), 20k+ a year in wages, can’t help my sick Mum or my sick grandma, I can’t even do a food shop properly (when I do lose my license)!! Can’t sleep properly worrying about any fines I may get or worst yet, prison time!
You will NOT be going to prison for this, so one less thing to worry about………
 
There are so many job vacancies atm it’s a good time & many home based such as sales
Shopping- book on line delivery
Helping mum / grandma - I’m sure you can find ways as you can shop on line get it delivered to them, what you can’t help us lifts but you can help to find alternatives. If they need a regular lift see if a local company such as airport transfers who are not as busy as normal can do you a deal
Other thing us get to know public transport routes - some areas have apps but also ask locally as those who use it are fonts of knowledge
One day at a time , plan for the eventuality of no driving & get ducks in a row so when letter comes re court you are ready
Also see forum for getting ready for court - character refs, dummy run, transport in day , solicitor or not
Getting it ready is one thing you can do
It gets easier honestly
 
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