England Cricketer Above the Drink Driving Law.

Convicted Driver Insurance
I am 3 months into a one year ban for DD. No arguments from me, I was an idiot and I got caught. Lucky my wife and kids stood by me, and just as lucky to keep my job. It was a totally stupid thing to do. Friends are saying they think 3 months have flown by, I can tell you now, they bloody have not. It is dragging, and I am suffering, but hey I am paying my price to society.

I see that Graham Swan, England Cricketer, has also been caught DD. he has been charged, and is currently going through the law courts process. Today the news was reporting he was going out to buy tools to free his trapped cat. He has pleaded not guilty, and it has been adjourned until October 7th due to his cricket committments.

I thought that once caught, (like I was) and the Police charge you, it is priority to get you off the road asap. Hence why I was charged on the 8th May 2010, and dually punished at the first available oportunity on the 20th May at my local magistrates.

Why does being a professional cricketer, get you more time, even by pleading not guilty? Yes, I know its probaly going to crown court now. Which in my opinion if he is found guilty should have his sentance doubled for not being man enough to take it like a man.

But, buying tools to free your cat? it so stupid it is unbelieveable, which why I actually believe Swan will get off with this, despite him (like me and plenty of others out there) being as guilty as the evidence no doubt the Police have.

Only in this country can brand name sports stars and celebs "flout" the law and get away with it.

Mark my words, this is a high profile DD case, and I am watching. October 7th is a Thursday, I know this because it will be between the 1st and 2nd Saturday of my HPAS course.

Take your punishment like a man Swan, you did the crime, now do the time, like the rest of us. I actually wish the Police hadn't taken so long to charge me, I would be 6 weeks further ahead of where i am now in terms of my ban.

Anybody else got any thoughts on how us mere minnions are punished while glitteratzy high profile sports stars and celebs get away with it.

Ps for the record, I was a courier driver too, and have a severley disabled child, and the court showed no mercy on me. Why, because they were implementing what the law of the land expects. I didn't like it, but then I should not have done it. And now I just have to accept it.

Rant over,

The Village Idiot.
 
Are you sure he pleaded not guilty? Sounds more like he pleaded guilty but argued that he had special reasons (i.e. the cat). Regardless, the process is the same and I have no idea what you are moaning about as it is no different from what would happen for any us.

I was given an FPN for drunk and disorderly last year, rejected it because it was a pack of lies on behalf of the police officer - and got a court date. I pleaded not guilty and my trial was nearly 5 months later.

Incidently when I got to court (alone) for my trial I showed the magistrates a very clear CCTV DVD which captured the whole incident (the CPS had tried to make the CCTV inadmissable saying 'it didn't show anything'). The magistrate threw the charges out before the trial began and I was awarded costs. But that's another story!

Anyone has the option of pleading not guilty - and if you choose that option your trial won't be until a few months down the line. No matter who you are. This is to find a time when the court has can fit you in (the trial could take all day or a minimum of a full morning or afternoon - unlike you plea hearing which takes a matter of minutes). It is also important to afford the prosecution and the defense adequate time to prepare their cases. Remember this is the UK and you are innocent until proven guilty.

The odds are Swann has been badly advised and the magistrates won't award 'special reasons' for this. Andy Powell, David Unsworth, Steven Pienaar, Mike Tindall, Paul Gascoigne, David Bentley, Didi Hamann, Rio Ferdinand, Jon Obi Mikel, Jermaine Pennant, James Beattie, Matthew Etherington, Michael Essien, Eidue Gudjohnse, El Hadji Diouf ets etc etc etc etc etc etc are all living proof that being a 'high profile sports star' does not mean you will get away with drink driving.
 
Just been away to read the story - it looks as though he has pleaded not guilty and that his defence is a 'technical' on i.e. the police didn't follow the correct procedures.

Nothing out of the ordinary there ... how many posters on here come on asking whether there may be a technical defence for them? That is even when they are 2, 3 times over the limit unlike Swann who was borderline over.

If he thinks there may have been a procedural error by the police and he has the money to fight it then good luck to him. We all would have done the same.
 
From what I can gather, the police have done everything correct, He blew 45 and was offered a blood test. I blew 49 and was offered the same. His blood came back 83 per 100, that is above the legal limit, it don't matter what you say, "borderline" or not. My blood was 92 per 100, Was this not borderlline? unfortunately for me not.

Why are they even using the term "borderline" when the blood was above the limit? Whats the point of having a limit if when you are just above it you can use a term like Borderline. I just don't understand it, myself.

As for his money, i have no doubt the man is loaded, and will probaly be chauffer driven around if found guilty anyway. I have no doubt he will even come close to the suffering like the rest of us who have been banned and are now serving our time. So yes good luck to him. It nice to be able to be in that position.

Its just an opinion of mine and this a forum after all, and this is and will be a high profile case.
 
Regardless mate, everyone is entitled to plead not guilty if they want to. Every single one us would have if a) we could afford it and b) there was a chance that the police didn't do everything properly and we might have got off on a techniciality. Just scroll through some of the posts to Sean and you will see that. My point about the 'borderline' was that we, on here, have been coming on saying 'I blew 104 - is there a chance that the police didn't do everything properly'. He has done the same but blew 83. Can't hold any grudge against him for that.

The fact remains, no special treatment has been given to Graham Swann because he a a famous sports person, nor will it be.
 
"I was a fool.

However, I have just one question,

The Alcohol certificate they gave me today, have mis spelt the police station from where the blood sample was taken, does this give me any grounds to fight my corner from? (not that i deserve too)

The Village Idiot"

Sorry to do this mate but just to show - even you were looking for a technicality (as was I).

You couldn't possibly know whether or not the police did everything correctly without going through the paperwork. The blod test option is not the only fall down area.

As I say, hopefully Swann has learnt his lesson. If his technicality argument holds up, fair play to him. I would have said the same f t were you. If it doesn't hold up, he'll get banned and fined like the rest of us. Without doubt.
 
Cant argue with your previous post above, I was looking for an escape clause, no doubt about it. But it never even got mentioned in court,

Your pretty sharp at this DD stuff. I don't mean to offend anyone, and as a man who loves his cricket and had many an alcohol fuelled great day out watching England, I don't wish GS any bad feelings.

Like you say, He has learnt his lesson now, and will pay the price if found guilty. I was just having a rant and a moan. The first 3 months of my ban have been tough, and I have more than learnt my lesson.

Fair play to you gutted, you have made me see sense on GS plight. Thanks mate, I tip my hat to you.

The Village Idiot.
 
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