First Offence, Provisional License, Car Crashed OUTCOME?

Convicted Driver Insurance

jimbo97

New Member
Hello.

I'll get straight into it, I only hold a provisional license and it was my 21st b day celebration out with pals on Friday the 14th.

I decided to drive to tesco for food after getting home, It is my car and i have done 50 hours of lessons and had a test booked.

I unfortunately crashed into a lamppost and was arrested with a breathalyzer reading of 108.

The cars written off as well as the lamppost, No injury's to anyone else or myself.

I have paid a solicitor who is doing the prep work and will be representing me on the 4th of october for my court date.

He has said because my airbags deployed fully but wasn't taken to hospital the case could be thrown out,Despite a very high reading as well as admitting i was guilty in the interview in the police station, Also because i wasn't offered a phone call and simply just the chance to obtain an in person solicitor and not one over the phone that's another reason he thinks it could be dropped as most people opt to not wait hours for the solicitor.

The simple facts are as follows

- Provisional licence and i was driving without supervision and on my own so no one else hurt.

- 108 reading on breathalyzer - 102 at station

- told cops i was drunk at the crash scene

- pleaded guilty in interview.

- first offence and wasn't resisting arrest.

Can someone explain likely outcome ? and please please ask any questions

Thanks everyone in advance :)
 
Your solicitor is being very positive from what you have said.

There is no obligation for the police to take you to hospital just because the airbags deployed. They would likely have got opinion on this from paramedics at the scene or via radio. As you say you had no injuries.

Drink driving is one if the few offences you aren't entitled to legal advice prior to obtaining the evidential breath sample. You also aren't entitled to a phone call although the police often allow you to.

With the solicitor the relevant legislation is S58 of the Police and Criminal Evidence Act 1984. This means that you must be able to consult a solicitor "as soon as is practicable" with a maximum of 36 hours. It could be argued in court that they could have provided a solicitor sooner by phone, but as the legislation doesn't specifically mention a phone call as an obligatory method I think it would be a difficult case to argue unless the delay in getting a solicitor in person was grossly disproportionate.

Otherwise logically anyone given solicitor in person could claim the evidence to be inadmissible because it will always be slightly slower even if the solicitor lives over the road from the cop shop.

It's worth saying as well that even if you did argue the police didn't follow procedure at interview it would only make the interview inadmissible. What you said at the scene, statements from police at the scene, and your breath reading would still be admissible and realistically if you are not disputing you were driving that is all the evidence they need.

For your reading if found guilty the sentencing guidelines state 23-28 months disqualification and 80-150 hours community service. Because you didnt have a licence and crashed it will likely be towards the top end.

You will also get a separate fine for driving otherwise in accordance with licence. If you plead guilty you get a 33% discount on the fine and £85 costs. If you plead not guilty and are convicted the CPS will probably ask for £620 costs.

With a reading above 87 you will also be classed as a high risk offender and will need to have a DVLA medical exam before getting your licence back. I think you would also need to have driving lessons as I suspect a provisional licence with DD is near uninsurable.

With your solicitor they seem to be saying they will get enough of the evidence to be inadmissible that you will be acquitted. I would definitely be pushing them on exactly what they are going to say, because on the face of it it doesn't sound like a strong case. They get paid whether they win or lose.
 
Tipsey nurse is right in what she says.
I makes me cross when I see solicitors taking money on the basis of “I can get you off on a technicality” .... but the technicalities in this case amount to nothing.
ask your solicitor to quote a case where someone was involved in a Road Traffic Collision and got off because the air bags deployed yet the person driver wasn’t taken to hospital. I bet he can’t quote one. There has been similar where the person failed to supply, the reason being chest injuries that hadn’t been attended to, but in your case you were able to blow at the scene and at the police station.
Ask him how your “non treatment” made the samples un reliable.
the “no advice from a solicitor before the sample” has been tried before and failed.

I suggest that that you simply ask Sean, the solicitor on here, (you ask him a direct question free) if the 2 reasons you have been told you can get off for amount to any form of defence (don’t mention you have had legal advice because that makes it difficult for him) he is an EXPERT, not a solicitor who takes your money to wildly speculate on a possible defence...... then cut your losses and ditch the other solicitor. You can represent yourself and use the solicitors fee towards your fine!
As Tipsey Nurse says, guilty plea is £85 costs and 1/3rd off your fine. Not guilty (but found guilty) is £620 costs and no discount on the fine. Your solicitor is speculating with YOUR money, he will not lose!
 
I should have said as well the principle of free legal advice in a police station is meant to be because this is a serious matter that requires expert help.

The magistrates will without doubt see it this way and telling them you didn't want to wait a few hours for a solicitor because you had more important things you wanted to get on with will do down like a lead balloon.

You will get a more receptive ear guilty or not guilty if you give the magistrates the impression that you are taking this very seriously.
 
Hello guys,

Thank you for your advice, It's a grim reality and no sympathy expected.

The solicitor i spoke to within 5 minutes was already talking about how this is gonna be thrown out which i found oddly strange, The only reason i rang one was to help represent me and to get the ban/fine reduced.

However this is an eye opener and from what he's said may not be what it's cracked up to be, I was very naive to think this could be dropped and to be honest never expected it too.

I've still got a while before court and time to think about what's been said here and what to say to my solicitor.

Thanks for your replies and i'll update when a decision is made then after the court date.

Cheers J
 
Hello all,

Thought i'd post an update for my case, Unfortunately it wasn't thrown out which of course would've been great but very unlikely.

My lawyer did however avoid a serious fine and despite totaling a lamppost i walked away with £170 and a 80 hour community service order.

The real kick in the teeth was the 28 month ban, 2 Years and 4 months before i can apply for a license again however i have been offered the drink drive course meaning i can pay around £200 and have a 25% reduction.

This in turn means it would be 21 months or 1 year and 9 months which admittedly still sucks as i don't have a license so by the time I've done refresher lessons etc it'll be more or less two years.

However in the grand scheme of things and for anyone in a similar situation I've gotten away lucky as the main thing is i didn't hurt anyone nor myself, Just my back pocket and aspirations of driving.

None the less the 2 most vital bits of advice i can give is this, First of all DON'T DRINK DRIVE granted mine was an extreme case but the aggravation it causes simply isn't worth it, The second thing is if you do get caught hire a good solicitor as it does make the court process less stressful and they can always get something reduced or put a good word in for your drink drive course.

Additionally i also learnt please make an effort at court, I chose to wear a suit and tie both times i appeared and it goes a long way as some people thought trackies and trainers where suitable i assure you it's not.

To the people who responded to my question thank you.

J
 
Not to put a downer on it but you got pretty much exactly what the sentencing guidelines say (dependent on your income). That said you are quite right that a solicitor can an make an alien and stressful experience easier. Going suited and booted is also essential even if, as you say, others there seem to think tracksuits are fine.

Before you do your DD course you may want to run some dummy insurance quotes to check you can afford it, as you are likely to be seen as high risk. You need to declare it for five years from the date of conviction if insurers ask for it - so write down the date now because your licence will show the date of the offence instead.
 
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