drunk driving charge, help?

[izzyfoth]

Hi,
So on christmas day I was arrested for drunk driving. It began with a domestic dispute against my mum and her boyfriend and he threw ceramic dishes and silverware across the room and then began to argue with everyone. He then threatened me and i was emotional and distressed. The police were called and he was shut outside with a police officer whilst another officer spoke to us inside to gather information about what happened. After explaining my part, i was in fear and scared about still being at that house when he could come home in the morning after he sobered up. So i felt sober enough to drive and got in my car, reversed 10 feet onto the cul de sac road and then felt stupid for leaving my family and trying to drive when i had alcohol that night, so i turned my wheel towards the drive in aim to pull up and park but was stopped by the police officer outside of the house before i could do this. I told her i was pulling onto the drive and she said as i drove on the main road i can still be arrested. I was compliant because i know it was my mistake for getting into the car despite the chaos that happened that night. With the papers they gave me regarding my charge and that i was let out on bail, they made an error and wrote down a completely wrong address despite me telling them my home address and the officer also checked my driving license which has my home address on it too. Is this a big enough error to question the efficiency and reliability of their procedures? Any information would be useful just so i can prepare for the worst. Thanks.

 

[Xeronema]

Do you have a printout that you can upload please?

My understanding is that they go on the lowest score, so I'm confused by this. Also, from what I understand there's supposed to only be a 15% difference from the first reading to the second.

I know there's others on this forum that are way more clued up that me but by the looks of it, they shouldn't have used the machine readings as there is too much of a difference between the first and second sample.

If you could upload a picture of your printout, that would help others to give more precise and accurate information.

 

[izzyfoth]

Do you have a printout that you can upload please?

My understanding is that they go on the lowest score, so I'm confused by this. Also, from what I understand there's supposed to only be a 15% difference from the first reading to the second.

I know there's others on this forum that are way more clued up that me but by the looks of it, they shouldn't have used the machine readings as there is too much of a difference between the first and second sample.

If you could upload a picture of your printout, that would help others to give more precise and accurate information.

 

[izzyfoth]

Hi,
So on christmas day I was arrested for drunk driving. It began with a domestic dispute against my mum and her boyfriend and he threw ceramic dishes and silverware across the room and then began to argue with everyone. He then threatened me and i was emotional and distressed. The police were called and he was shut outside with a police officer whilst another officer spoke to us inside to gather information about what happened. After explaining my part, i was in fear and scared about still being at that house when he could come home in the morning after he sobered up. So i felt sober enough to drive and got in my car, reversed 10 feet onto the cul de sac road and then felt stupid for leaving my family and trying to drive when i had alcohol that night, so i turned my wheel towards the drive in aim to pull up and park but was stopped by the police officer outside of the house before i could do this. I told her i was pulling onto the drive and she said as i drove on the main road i can still be arrested. I was compliant because i know it was my mistake for getting into the car despite the chaos that happened that night. When i got to the station, the first reading of the breathalyser read 34 which is under the limit, it then rises to 44 which is evidently over. I am confused by this because i saw online the first reading is most accurate. Does this mean i can use this in my defence on my court date in a couple of weeks? Also with the papers they gave me regarding my charge and that i was let out on bail, they made an error and wrote down a completely wrong address despite me telling them my home address and the officer also checked my driving license which has my home address on it too. Is this a big enough error to question the efficiency and reliability of their procedures? Any information would be useful just so i can prepare for the worst. Than

Do you have a printout that you can upload please?

My understanding is that they go on the lowest score, so I'm confused by this. Also, from what I understand there's supposed to only be a 15% difference from the first reading to the second.

I know there's others on this forum that are way more clued up that me but by the looks of it, they shouldn't have used the machine readings as there is too much of a difference between the first and second sample.

If you could upload a picture of your printout, that would help others to give more precise and accurate information.

 

[Xeronema]

Thanks for uploading that. You can ignore my comment about the 15% as the '34' you mentioned isn't your breath sample, it's the reading the machine throws out when running a simulation check.

So your two readings are within range.

You aren't going to be able to challenge those readings I'm afraid.

 

[izzyfoth]

Thanks for uploading that. You can ignore my comment about the 15% as the '34' you mentioned isn't your breath sample, it's the reading the machine throws out when running a simulation check.

So your two readings are within range.

You aren't going to be able to challenge those readings I'm afraid.

I see, thank you, this is why i thought it’d be best to ask for advice as i missed that

 

[Xeronema]

They will have used the reading of 44 micrograms of alcohol per 100 mililitres of breath. I'm assuming they didn't offer you the option of a blood/urine test? When I was arrested on my first time around they asked if I wanted to submit to a blood test. I don't think it's always given as an option.

I suspect, given that you haven't caused any injury to anyone and was nice and polite to the police, and as long as you haven't been convicted of drink/drug driving before, you'll be looking at a 12 month ban. Make sure to ask for the reform/rehabilitation course (reduction course) at court. On completion that will reduce your ban to 9 months.

 

[Xeronema]

My understanding is that they go on the lowest score, so I'm confused by this. Also, from what I understand there's supposed to only be a 15% difference from the first reading to the second.

I really haven't worded that very well. If there's a 15%> difference between both specimens, that's when they can't use the readings.

 

[izzyfoth]

I really haven't worded that very well. If there's a 15%> difference between both specimens, that's when they can't use the readings.

I understand. Any other advice on the rest of the stuff? i spoke to a duty solicitor and they said under the grounds that i only drove a very short distance and also was under immense distress that spiked my anxiety because of the situation that happened that night, it may help my case. Also the error with the address, i’ve spoke to family and they reckon that’s a big mistake on their part, how would that change anything ?

 

[Bad_karma]

I understand. Any other advice on the rest of the stuff? i spoke to a duty solicitor and they said under the grounds that i only drove a very short distance and also was under immense distress that spiked my anxiety because of the situation that happened that night, it may help my case. Also the error with the address, i’ve spoke to family and they reckon that’s a big mistake on their part, how would that change anything ?

The short distance as well as what happened at home is significant mitigation. Combined with the relatively low reading you will get 12 months reduced to 9 if you ask for the course.

The fact that the custody sergeant has typed in the incorrect address is largely inconsequential. It’s an administrative error which hasn’t impacted either the fact you got in a car and drunk drove or the integrity of the evidential sample you gave. You were given the paperwork and have noticed a mistake on it, it’s not like you have missed any important communication. Often on TV shows and films you see things like this dramatised but in reality it will make no difference.

 

[nats]

I understand. Any other advice on the rest of the stuff? i spoke to a duty solicitor and they said under the grounds that i only drove a very short distance and also was under immense distress that spiked my anxiety because of the situation that happened that night, it may help my case. Also the error with the address, i’ve spoke to family and they reckon that’s a big mistake on their part, how would that change anything ?

I’m afraid to say it won’t we have all been there clutching at straws ringing around dd solicitors we can get you off because the police didn’t dot the I and crossed the tees. We did it

 

[Hobgoblin]

They will have used the reading of 44 micrograms of alcohol per 100 mililitres of breath. I'm assuming they didn't offer you the option of a blood/urine test? When I was arrested on my first time around they asked if I wanted to submit to a blood test. I don't think it's always given as an option.

They used to offer an additional blood test if your level was below 50, but I think they stopped that around 10 years ago.

 

[Xeronema]

They used to offer an additional blood test if your level was below 50, but I think they stopped that around 10 years ago.

Ah cheers, thanks for letting me know. I recall reading somewhere (may have been 10 years ago) that it was a misconception that you'd always get offered that. I guess it's irrelevant now, however good to know what the procedure is nowadays.

I know they did for me in ermm (ponders) 2004/2005 and I didn't take it. If I had, I'd have dodged my first conviction. I'm kind of glad I didn't because even though alcohol wasn't a problem for me back then, it did become one later on and I suspect that I'd not be in such a good way (or place!) right now had I never lost my licence. Without the first conviction I'd not be classed as a HRO as I was only over the limit by a gnats whisker. Jumping through all these hoops, albeit frustrating, actually helps towards me staying sober.