Bob2020
New Member
Hello, I’m new to this site, facing the choice of plea ahead of a possible ‘post incident’, or ‘hip flask’ defence. I’m grateful to others who have posted on this topic and I have tried to read all the entries on the forum for this. I understand this is a difficult case to prove, especially without witnesses and that a BAC forensic report is essential. I’ve read a number of times that if I plead ‘not guilty’ then it comes down to the defendants ‘credibility’. So my question for the forum is really what parts of my circumstances I should emphasise in order to convince the magistrates, on the ‘balance of probabilities’ that I am telling the truth. Similarly, which parts appear to cast doubt on my version of events? Are there other things that would be helpful that I may have missed? The events in brief are:
In early March after drinking the night before (1/3 of a 70l bottle of 37.5 proof vodka finished at 11pm), I left my house at 7:40 to drive the 10 or so miles to my daughters house to care for her. She was off school because of the Covid restrictions and I was planning to work from her home, while looking after her. I felt very ill that morning (I suspected Covid) and became distressed because I knew that, if I turned up at my daughter’s home with symptoms, her mother would use this, understandably, as a reason to stop me seeing her and would likely move my daughter to another town, miles away, where her partner lives. I had a panic attack (I have a history of anxiety and depression which is documented and for which I receive medication). After driving a short while I turned the car around, pulled into a car park and texted my ex-partner that I was ill and would not be coming. This was around 7:50. My daughter is 15 and has Asperger’s so it is not possible to leave her alone during the day.
The ‘car park’ was opposite a path that leads to my home over a park, and unwisely I decided to drink a small bottle of lower strength vodka (37.5l of 37.5 proof) with the intention of leaving my car and walking home since I would not need the car again. The area is not a safe area and I was conscious the car park would be a safer place for the car and also conceal me from drinking, in case any neighbours or others saw me. Unfortunately the car park was in fact not a public car park, but a school car park and just happened to be empty at that time because of Covid. After I started drinking, I became vaguely aware that something was wrong as I noticed at least one person looking directly at me and the car. By that time I knew I couldn’t move the car because I had taken the alcohol. My distress increased as again I did not know what to do. I stopped drinking and dozed off, slumped across the passenger and drivers seats, but with the keys still in the ignition and engine off.
About 8:30 I was woken by a police-man. His statement shows that I was drunk and at about 8:45 he arrested me. Like most first time offenders on this site I was unaware of the law in this case. i.e. the law presumes the amount of alcohol in your blood at the time you are tested is the amount that would have been in your blood the last time you drove. A witness at the school says she saw me drive into the car park at 7:55. The witness, a teacher, says she also saw me driving (I must have passed her before turning round to park). She makes no comment in her statement about my driving.
I declined a breath test at the road side and other breath tests at the station for medical reasons which they accepted, and eventually gave a blood sample at 11:55. This showed 224 ug/l. I was interviewed twice, once for my version of what happened and once to complete a MGDD/D form which I believe allows the calculation of BAC levels over time given personal details. I was then released ‘under investigation’. I was breathalysed several times after the blood test as the police wanted a negative result before releasing me.
A long time passed during which time I had assumed that the MGDD/D supported my version of events and hence they decided not to proceed. However, I received a notice of prosecution in early September. After a false start I have a plea hearing in early October. As I believe I made a number of mistakes, under unusual and difficult circumstances, rather than committing a crime, my strong inclination is to plead not guilty. However, I understand the financial penalties of a not guilty plea are such that this is a tricky decision. From reading the advice posted by lawyers on this site, for which many thanks, I understand that, assuming I get a BAC forensic report which supports my version of events, does the case as outlined above seem credible? What aspects lend it credibility and hence should be emphasised, and which do not and would need to be contested.
I have the prosecution case file but do not have the interview recordings, nor the completed MGDD/D form nor the custody record. I have asked the prosecution/police for all of these. The case file does not mention any other evidence apart from body cam footage and a picture of an ‘open’ box of wine that was under the seat on the passenger side. The empty bottle of vodka was still in the back of the car when I picked it up, but has now been thrown away. They do not mention any CCTV evidence which might show me driving and my driving ability at the time. So my second question is, given I agree with the majority of the police case about timings, locations etc., can I be sure there isn’t other evidence which might either support or undermine my version of events.
Finally, I would add that like most people I am a man of very modest means and would like if possible to defend my self in this case as I believe no-one can articulate the facts, as I see them, better than me. I also believe that if the law is going to apply concepts like ‘Clapham omnibus man’ it should not be so complicated as to prevent such a man defending himself. I realise that no amount of common sense would give me the knowledge necessary to spot ‘procedural mistakes’ in the prosecutions case. Is there a way of getting legal advice on these without representation?
In early March after drinking the night before (1/3 of a 70l bottle of 37.5 proof vodka finished at 11pm), I left my house at 7:40 to drive the 10 or so miles to my daughters house to care for her. She was off school because of the Covid restrictions and I was planning to work from her home, while looking after her. I felt very ill that morning (I suspected Covid) and became distressed because I knew that, if I turned up at my daughter’s home with symptoms, her mother would use this, understandably, as a reason to stop me seeing her and would likely move my daughter to another town, miles away, where her partner lives. I had a panic attack (I have a history of anxiety and depression which is documented and for which I receive medication). After driving a short while I turned the car around, pulled into a car park and texted my ex-partner that I was ill and would not be coming. This was around 7:50. My daughter is 15 and has Asperger’s so it is not possible to leave her alone during the day.
The ‘car park’ was opposite a path that leads to my home over a park, and unwisely I decided to drink a small bottle of lower strength vodka (37.5l of 37.5 proof) with the intention of leaving my car and walking home since I would not need the car again. The area is not a safe area and I was conscious the car park would be a safer place for the car and also conceal me from drinking, in case any neighbours or others saw me. Unfortunately the car park was in fact not a public car park, but a school car park and just happened to be empty at that time because of Covid. After I started drinking, I became vaguely aware that something was wrong as I noticed at least one person looking directly at me and the car. By that time I knew I couldn’t move the car because I had taken the alcohol. My distress increased as again I did not know what to do. I stopped drinking and dozed off, slumped across the passenger and drivers seats, but with the keys still in the ignition and engine off.
About 8:30 I was woken by a police-man. His statement shows that I was drunk and at about 8:45 he arrested me. Like most first time offenders on this site I was unaware of the law in this case. i.e. the law presumes the amount of alcohol in your blood at the time you are tested is the amount that would have been in your blood the last time you drove. A witness at the school says she saw me drive into the car park at 7:55. The witness, a teacher, says she also saw me driving (I must have passed her before turning round to park). She makes no comment in her statement about my driving.
I declined a breath test at the road side and other breath tests at the station for medical reasons which they accepted, and eventually gave a blood sample at 11:55. This showed 224 ug/l. I was interviewed twice, once for my version of what happened and once to complete a MGDD/D form which I believe allows the calculation of BAC levels over time given personal details. I was then released ‘under investigation’. I was breathalysed several times after the blood test as the police wanted a negative result before releasing me.
A long time passed during which time I had assumed that the MGDD/D supported my version of events and hence they decided not to proceed. However, I received a notice of prosecution in early September. After a false start I have a plea hearing in early October. As I believe I made a number of mistakes, under unusual and difficult circumstances, rather than committing a crime, my strong inclination is to plead not guilty. However, I understand the financial penalties of a not guilty plea are such that this is a tricky decision. From reading the advice posted by lawyers on this site, for which many thanks, I understand that, assuming I get a BAC forensic report which supports my version of events, does the case as outlined above seem credible? What aspects lend it credibility and hence should be emphasised, and which do not and would need to be contested.
I have the prosecution case file but do not have the interview recordings, nor the completed MGDD/D form nor the custody record. I have asked the prosecution/police for all of these. The case file does not mention any other evidence apart from body cam footage and a picture of an ‘open’ box of wine that was under the seat on the passenger side. The empty bottle of vodka was still in the back of the car when I picked it up, but has now been thrown away. They do not mention any CCTV evidence which might show me driving and my driving ability at the time. So my second question is, given I agree with the majority of the police case about timings, locations etc., can I be sure there isn’t other evidence which might either support or undermine my version of events.
Finally, I would add that like most people I am a man of very modest means and would like if possible to defend my self in this case as I believe no-one can articulate the facts, as I see them, better than me. I also believe that if the law is going to apply concepts like ‘Clapham omnibus man’ it should not be so complicated as to prevent such a man defending himself. I realise that no amount of common sense would give me the knowledge necessary to spot ‘procedural mistakes’ in the prosecutions case. Is there a way of getting legal advice on these without representation?