Drink Driving Hospital

[smithissmith]

I recently crashed my car off the road, it spun in air then went down 100m hill before landing in a field. I lay in it for nearly 2 hours before being cut free by paramedics. At hospital apparently a blood sample was taken and results show over the limit. I in such shock and trauma I have no recollection of any of this. Apparently I was 'arrested' at the scene whilst being cut out. I had no paperwork or any follow up info given whilst in hospital. I'd just been shopping and there were wine bottles in the car. I may have drunk at least one of them whilst trapped. Couldn't in all honesty say. I await a phone call tomorrow from a PC. What is the likelihood of them prosecuting? And if they do what is the procedure for me to challenge it? thank you

 

[price1367]

What was the blood result? I.e. how far over were you?

 

[Luna2000]

I recently crashed my car off the road, it spun in air then went down 100m hill before landing in a field. I lay in it for nearly 2 hours before being cut free by paramedics. At hospital apparently a blood sample was taken and results show over the limit. I in such shock and trauma I have no recollection of any of this. Apparently I was 'arrested' at the scene whilst being cut out. I had no paperwork or any follow up info given whilst in hospital. I'd just been shopping and there were wine bottles in the car. I may have drunk at least one of them whilst trapped. Couldn't in all honesty say. I await a phone call tomorrow from a PC. What is the likelihood of them prosecuting? And if they do what is the procedure for me to challenge it? thank you

Not to be flippant about it, but if you somehow did manage to drink a bottle of wine while trapped in your car, you could still be charged with being in control/possession of the car.

 

[C J 1980]

I recently crashed my car off the road, it spun in air then went down 100m hill before landing in a field. I lay in it for nearly 2 hours before being cut free by paramedics. At hospital apparently a blood sample was taken and results show over the limit. I in such shock and trauma I have no recollection of any of this. Apparently I was 'arrested' at the scene whilst being cut out. I had no paperwork or any follow up info given whilst in hospital. I'd just been shopping and there were wine bottles in the car. I may have drunk at least one of them whilst trapped. Couldn't in all honesty say. I await a phone call tomorrow from a PC. What is the likelihood of them prosecuting? And if they do what is the procedure for me to challenge it? thank you

Smith

Given the circumstances of this case, the police normally have to obtain consent for a blood sample from the driver (yourself), but when it cannot be given because of your injuries or unconsciousness, they can obtain it legally via consent from the senior hospital doctor who is treating you.

The police will have to interview you about the crash before they can proceed with any type of prosecution.

They may invite you in for a pre-arranged interview at the police station where you are interviewed under caution, but not arrested.

When this happens you are entitled to have a solicitor present, so it may be worth while weighing up your options and deciding whether you need legal advice.

One thing I will say is - alleging you have crashed, been trapped in your car, then decided to drink a bottle of wine (you had with you from the supermarket) will not cut any ice with the police or the courts!!!!

CJ

 

[price1367]

I agree with CJ, especially about the drinking a bottle of wine whilst trapped in the car!
The only thing I would add is about the blood sample. It is correct to say that a blood sample can be taken from an unconscious person, with the agreement of the doctor in charge of the case, but in order to get it analysed the police have to subsequently see the suspect and get their permission to get the sample analysed. - note ‘get the sample analysed’ - not get permission AFTER it has been analysed.
Unless the police screwed up and are now seeking to gain that permission, their case will be that the doctor agreed that you were fit to provide and you agreed to it.
It could form a defence to show that you did not give permission for the sample, but you would have to discredit the doctor who said, in their professional opinion, you were capable of providing a sample and understanding the process.

It is right that you can have legal representation when you are interviewed, and you can ask for he duty solicitor at the police station (free) this may result in a delay because the duty solicitor is seldom already at the police station.
Alternatively you can take your own solicitor but you are unlikely to be able to get this o; legal aid.

 

[Polly3]

I recently crashed my car off the road, it spun in air then went down 100m hill before landing in a field. I lay in it for nearly 2 hours before being cut free by paramedics. At hospital apparently a blood sample was taken and results show over the limit. I in such shock and trauma I have no recollection of any of this. Apparently I was 'arrested' at the scene whilst being cut out. I had no paperwork or any follow up info given whilst in hospital. I'd just been shopping and there were wine bottles in the car. I may have drunk at least one of them whilst trapped. Couldn't in all honesty say. I await a phone call tomorrow from a PC. What is the likelihood of them prosecuting? And if they do what is the procedure for me to challenge it? thank you

It sounds as though you were uninjured, which I’m so glad about. Please don’t tell the Court that you “ may have drunk a bottle of wine in the car”: it sounds preposterous.

 

[smithissmith]

thank you for the replies. Uninjured wouldn't be entirely correct but certainly not as badly as I should have been.

To add, I was convicted of drunk driving around 7 years ago.

Not sure if this makes any difference but I was in the middle of a mental breakdown. I had also gone out driving 3 nights before and been pulled over by the police about 3am. They did not breathalyse me (I suspect I would have been on the limit at least). They sat me in the back and essentially conducted a counselling session on the state of my life. One of the officers kindly drove my car home whilst the other drove me.

So is it a paper exercise that ends up in magistrates court where I hang my head and take the punishment. Could I appeal in any way or am I wasting time and effort doing so ?

Many thanks for the replies. Colin

 

[smithissmith]

What was the blood result? I.e. how far over were you?

no idea, awaiting a pc to phone tomorrow. thanks

 

[smithissmith]

I agree with CJ, especially about the drinking a bottle of wine whilst trapped in the car!
The only thing I would add is about the blood sample. It is correct to say that a blood sample can be taken from an unconscious person, with the agreement of the doctor in charge of the case, but in order to get it analysed the police have to subsequently see the suspect and get their permission to get the sample analysed. - note ‘get the sample analysed’ - not get permission AFTER it has been analysed.
Unless the police screwed up and are now seeking to gain that permission, their case will be that the doctor agreed that you were fit to provide and you agreed to it.
It could form a defence to show that you did not give permission for the sample, but you would have to discredit the doctor who said, in their professional opinion, you were capable of providing a sample and understanding the process.

It is right that you can have legal representation when you are interviewed, and you can ask for he duty solicitor at the police station (free) this may result in a delay because the duty solicitor is seldom already at the police station.
Alternatively you can take your own solicitor but you are unlikely to be able to get this o; legal aid.

I have no recollection, I was in such a state and probably on Morphine by then (I honestly can't remember). I think I remember a blood sample being requested, but then again I remember accusing the staff of trying to injure me further with some wild conspiracy theory..... Yes I know it sounds mad but there it is

 

[price1367]

"So is it a paper exercise that ends up in magistrates court where I hang my head and take the punishment. Could I appeal in any way or am I wasting time and effort doing so ?"
I would say the answer to that is "yes"..... unless you have a spare £10k and want to take the chance on a specialist solicitor finding a fault with the hospital procedure. This is more likely to contain a fault than the police station procedure but there are no guarantees.
With your previous, you will get a 3 year ban if convicted, unless you can get it reduced by up to 25% by being offered a Drink Drive Rehabilitation Course.

 

[smithissmith]

"So is it a paper exercise that ends up in magistrates court where I hang my head and take the punishment. Could I appeal in any way or am I wasting time and effort doing so ?"
I would say the answer to that is "yes"..... unless you have a spare £10k and want to take the chance on a specialist solicitor finding a fault with the hospital procedure. This is more likely to contain a fault than the police station procedure but there are no guarantees.
With your previous, you will get a 3 year ban if convicted, unless you can get it reduced by up to 25% by being offered a Drink Drive Rehabilitation Course.

Thank you for the reply. £10K ?! haha no, I'm now an unemployed teacher. Not overly bothered by a 3 year ban. I've no desire whatsoever to get behind the wheel again. I've already adapted my life. My main concern is the cost associated with fines courts etc. I'm flat broke, could I be looking at custodial sentence ? community service ? thanks. Colin

 

[price1367]

From what you say, prison is certainly NOT on the cards. Depending on your reading, community service could be, but the advantage of C.S. Is that you get no fine!
The fine is means tested but if you are flat role with no job the minimum is supposed to be £135 but I have seen them go less, plus £85 prosecution costs and a “victim surcharge” of a minimum of £34 (there does not have to be a victim in your case, it is added universally)

 

[smithissmith]

From what you say, prison is certainly NOT on the cards. Depending on your reading, community service could be, but the advantage of C.S. Is that you get no fine!
The fine is means tested but if you are flat role with no job the minimum is supposed to be £135 but I have seen them go less, plus £85 prosecution costs and a “victim surcharge” of a minimum of £34 (there does not have to be a victim in your case, it is added universally)

thank you so much for the replies.... I just might sleep tonight. Not looking for sympathy and entirely my fault. Obviously. I'm too old for all this stuff, im with an alcohol agency now getting help and counselling. I just desperately want to move on and forget it. But again, thank you for the replies. Very much appreciated.

 

[price1367]

We are (mostly) sympathetic on here but, unlike sympathy at the pub from your mates, it is heavily tinged with a dose of reality!

 

[Polly3]

thank you for the replies. Uninjured wouldn't be entirely correct but certainly not as badly as I should have been.

To add, I was convicted of drunk driving around 7 years ago.

Not sure if this makes any difference but I was in the middle of a mental breakdown. I had also gone out driving 3 nights before and been pulled over by the police about 3am. They did not breathalyse me (I suspect I would have been on the limit at least). They sat me in the back and essentially conducted a counselling session on the state of my life. One of the officers kindly drove my car home whilst the other drove me.

So is it a paper exercise that ends up in magistrates court where I hang my head and take the punishment. Could I appeal in any way or am I wasting time and effort doing so ?

Many thanks for the replies. Colin

Sounds like things are challenging for you .

thank you so much for the replies.... I just might sleep tonight. Not looking for sympathy and entirely my fault. Obviously. I'm too old for all this stuff, im with an alcohol agency now getting help and counselling. I just desperately want to move on and forget it. But again, thank you for the replies. Very much appreciated.

Many of us on here have been through very difficult experiences and understand how you feel. It is really positive that you have accessed help . Good luck with it . Things truly can get better.

 

[C J 1980]

Smith

The most important thing out of all this is that no one was killed, no one else was injured and you yourself only sustained short term 'minor' injuries. This is the grim reality of drink driving and the impacts it has on our lives and the lives of other people.

The best way to move forward is accepting the consequences and starting to take each day at a time.

To the best of my knowledge - there is nothing to stop you working in the teaching profession again. I believe teachers, like doctors and police officers are subject to what is known as a 'barring list'.

In the teaching world, teachers found to have committed gross misconduct are subject to a hearing where they are 'struck off' and banned from working in the teaching profession again. This is usually for cases of inappropriate behaviour with pupils.

No doubt, the DUI has cost you your recent teaching role but I very much doubt it will completely stop you from teaching again in the future.

The important thing is getting yourself well again and taking up avenues of support for things like alcohol dependance or depression.

It is not the end of your life - merely a bad period that you will come out of in the passage of time.

Good luck.

CJ

 

[Guygibson]

Just when I thought I had heard it all someone comes up with i had a car crash was trapped in the car so I decided to drink a bottle of wine

 

[smithissmith]

Smith

The most important thing out of all this is that no one was killed, no one else was injured and you yourself only sustained short term 'minor' injuries. This is the grim reality of drink driving and the impacts it has on our lives and the lives of other people.

The best way to move forward is accepting the consequences and starting to take each day at a time.

To the best of my knowledge - there is nothing to stop you working in the teaching profession again. I believe teachers, like doctors and police officers are subject to what is known as a 'barring list'.

In the teaching world, teachers found to have committed gross misconduct are subject to a hearing where they are 'struck off' and banned from working in the teaching profession again. This is usually for cases of inappropriate behaviour with pupils.

No doubt, the DUI has cost you your recent teaching role but I very much doubt it will completely stop you from teaching again in the future.

The important thing is getting yourself well again and taking up avenues of support for things like alcohol dependance or depression.

It is not the end of your life - merely a bad period that you will come out of in the passage of time.

Good luck.

CJ

Thank you very much for the replies. My concerns are not with a driving ban, god only knows after that experience I've no desire/need of a car. Sorry, not sure why I threw in the teacher bit. I'd walked out the profession a few months earlier because of the stress/strain of it. I've no desire to go back into main stream teaching ever again. I've got support for my alcoholism and my depression now, I just want to move forward. Not having it hang over me as it has been. I was worried that as I'd been done previously I was looking at a custodial sentence (seems unlikely) and the costs. I'm unemployed now and quite frankly flat broke. Again my thanks for your words. Colin

 

[smithissmith]

Just when I thought I had heard it all someone comes up with i had a car crash was trapped in the car so I decided to drink a bottle of wine

well yes it sounds ridiculous, particularly the way in which you have put it. Not trapped as in 'ooh the doors are locked', what shall I do to kill time until the emergency services arrive? well there's always that block of farmhouse pate, crackers and a cheeky wee bottle of Pinot noir. Decision in this case has nothing to do with it. I was trapped. I'd shopping spilled everywhere. If I'd have been able to reach a mars bar, or a biscuit or water, I'd have had that. But I have very little recollection. The only reason I mention the wine is that an officer said there was an empty wine bottle on the dash of the car. I just thought that odd. Not much of an excuse, and I'd certainly had a couple before very stupidly climbing behind the wheel. But I thank you anyway.... C

 

[R25644]

Thank you very much for the replies. My concerns are not with a driving ban, god only knows after that experience I've no desire/need of a car. Sorry, not sure why I threw in the teacher bit. I'd walked out the profession a few months earlier because of the stress/strain of it. I've no desire to go back into main stream teaching ever again. I've got support for my alcoholism and my depression now, I just want to move forward. Not having it hang over me as it has been. I was worried that as I'd been done previously I was looking at a custodial sentence (seems unlikely) and the costs. I'm unemployed now and quite frankly flat broke. Again my thanks for your words. Colin

As a student I had no income so I just had to pay the court fee’s and victim surcharge. Also not having income meant I qualified for legal aid and had a duty solicitor in court with me. I did have 100 hours of community service to do instead. Using the information on this forum you will end up with a 3 year ban and be put on the HRO list, meaning you will need to do a medical to get your license back after the ban.