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Just sharing ...

Sillyboy21

New member
Hi all,

I got arrested for being over in late sept. There is a whole back story and circumstances that led to me getting in the car when I knew I shouldn’t ,but my judgement was clouded due to the drink - I will now pay the price for that bad decision.

this forum has been a very helpful read , so thought I’d share my sorry....

I was dealing with a family dispute at a property and spent the afternoon opposite the house in the pub drinking - was a very stressful day - evicting drug user squatters .... After my first drink, I arranged for my mrs to pick me up later, as knew I’d end up being over.

long story short , at the end of the day, I went to the house to lock up believing it was empty - only to be jumped and threatened.....I was on my own and was outnumbered , so my flight response was triggered and I stupidly ran and jumped in my car....

they kindly then called the police , ironically - and I ended up getting pulled over and blowing 71.

the resulting 8 hours in custody and the personal humiliation of being arrested with the prospect of losing licence and potentially job, had been weighing on me ever since.

good news - is after a rough few weeks - I’ve come to terms with it. Yes , I’m humiliated and embarrassed, and the consequences are going to be very painful indeed - but, regardless of the circumstances, it was my decision and I will take my medicine when the day comes in December..

I have a good solicitor and am going to try to plea guilty with special circumstances... odds are against me being successful - but I felt the need to at least defend myself. Only impact here is one of cost (increased solicitor fees and likely court costs).... I’m expecting 2 years ban and a lumpy fine.... we’ll see what happens in December.

my message though - is that time does help with the initial shock. I’ve not touched a drop since and don’t feel a need too. This is the toughest thing I’ve been through personally, at time where covid is causing other challenges - but I think once you get to the point of acceptance , things feel better.

hang in there everyone ...
 

Honestman

Well-known member
Hi sillyboy welcome to the forum and thank you for sharing your story,yes it can be a dreadful time and it is one of the hardest things anyone can go through losing your licence is practically losing your freedom, is it wise though to instruct a solicitor under special circumstances be careful they don't rip you off where they'll promise the world and gladly take your money and of course on the face of it you are pleading guilty where a magistrate would tell only tell you , you should of phoned the police and sought safety in the pub across the road, however once caught drink driving NO special circumstances would reduce your ban (or maybe life or death would) so albeit I don't think there's any need for a solicitor......
 

Sillyboy21

New member
Hi sillyboy welcome to the forum and thank you for sharing your story,yes it can be a dreadful time and it is one of the hardest things anyone can go through losing your licence is practically losing your freedom, is it wise though to instruct a solicitor under special circumstances be careful they don't rip you off where they'll promise the world and gladly take your money and of course on the face of it you are pleading guilty where a magistrate would tell only tell you , you should of phoned the police and sought safety in the pub across the road, however once caught drink driving NO special circumstances would reduce your ban (or maybe life or death would) so albeit I don't think there's any need for a solicitor......
Thanks - agree with you on the likely outcome , I have no expectation, it’s more a personal thing for me - but as you say , I’m not denying the charge (nor should I) . Solicitor has been clear that it’s a long shot to save the ban - there is a degree of evidence to support me ..
 

Honestman

Well-known member
Ok, if you can afford it maybe it's worth a shot, don't forget to ask for the drink drive reduction course 25% once your in court as when you leave the court room it cannot be asked for at a later date and probably you would benefit from it, keep us posted of you're outcome. Sillyboy ......
 

price1367

TTC Group
“I have a good solicitor and am going to try to plea guilty with special circumstances... odds are against me being successful - but I felt the need to at least defend myself. Only impact here is one of cost (increased solicitor fees and likely court costs).... I’m expecting 2 years ban and a lumpy fine.... we’ll see what happens in December.”

The prosecution costs should not increase because you are pleading guilty, but then ask for a Newton Hearing to see if you had justification for driving... it is still a guilty plea but of course your solicitor will want more.
You have made out a case for a reason to drive, but that is not the whole picture. To put forward ‘special reasons’ you will have to show that there was a real and immediate risk of violence. Do you have any evidence to support this other than your own word? Any dash cam or security camera footage?
Next, if you pass the test for immediate threat, is that there was no other way of escaping it other than driving, AND that if so, you only drove for as long as necessary to escape the violence. There has been case law where someone drove away to escape violence (broken nose and other injuries) but were banned because they drove past a phone box where they could have called for help, went near a hospital where they could have sought treatment and were stopped by the police saying “I was upset and wanted to go to my mum’.
Whilst this was emotionally understandable, it was more driving than required and therefore put the public on the roads at greater risk than absolutely necessary. She was banned.

Did you tell the police when you were stopped? If you were threatened to the extent that you freared immediate violence then it would be reasonable to expect you to report it to them to have the people arrested. If you didn’t mention it to the police it is likely to be considered as something convenient that you made up later. (I am not saying that you have,but I want you to have a flavour of what to expect when you give evidence in the witness box)
Generally you do not have to give evidence in your defence, it is up to the prosecution to prove the case ‘beyond reasonable doubt’. For Special Circumstances, however, the case for the defence cannot be presented by your solicitor, you would have to give evidence yourself (guided by your solicitor) and face cross examination by the CPS representative (and the magistrates if they wish)
 

Sillyboy21

New member
“I have a good solicitor and am going to try to plea guilty with special circumstances... odds are against me being successful - but I felt the need to at least defend myself. Only impact here is one of cost (increased solicitor fees and likely court costs).... I’m expecting 2 years ban and a lumpy fine.... we’ll see what happens in December.”

The prosecution costs should not increase because you are pleading guilty, but then ask for a Newton Hearing to see if you had justification for driving... it is still a guilty plea but of course your solicitor will want more.
You have made out a case for a reason to drive, but that is not the whole picture. To put forward ‘special reasons’ you will have to show that there was a real and immediate risk of violence. Do you have any evidence to support this other than your own word? Any dash cam or security camera footage?
Next, if you pass the test for immediate threat, is that there was no other way of escaping it other than driving, AND that if so, you only drove for as long as necessary to escape the violence. There has been case law where someone drove away to escape violence (broken nose and other injuries) but were banned because they drove past a phone box where they could have called for help, went near a hospital where they could have sought treatment and were stopped by the police saying “I was upset and wanted to go to my mum’.
Whilst this was emotionally understandable, it was more driving than required and therefore put the public on the roads at greater risk than absolutely necessary. She was banned.

Did you tell the police when you were stopped? If you were threatened to the extent that you freared immediate violence then it would be reasonable to expect you to report it to them to have the people arrested. If you didn’t mention it to the police it is likely to be considered as something convenient that you made up later. (I am not saying that you have,but I want you to have a flavour of what to expect when you give evidence in the witness box)
Generally you do not have to give evidence in your defence, it is up to the prosecution to prove the case ‘beyond reasonable doubt’. For Special Circumstances, however, the case for the defence cannot be presented by your solicitor, you would have to give evidence yourself (guided by your solicitor) and face cross examination by the CPS representative (and the magistrates if they wish)
Hi , thanks for the reply - yea police were informed , but frankly weren’t interested. I agree with all of above, and my solicitor has outlined the same to me - so appreciate the burden is on my side. Don’t want to go too into the detail in public, but there is an evidence trail that indicates the duress and circumstances - but even so - agree with your guidance. A little closer the time when talking to my brief , we’ll take a view again based one what we have about how to proceed and the likely benefit ... just feels wrong not to have a chance to get the circumstances over , even if at my cost. As I said , bad judgment and decision in that split second ... ;(
 

price1367

TTC Group
I understand, can I just ask how far you drove before the police stopped you?
I would add that it is noce to hear that your solicitor is being realistic with you, too often a solicitor paunts the prospects as being very rosy to get you to keep spending money!
 

Sillyboy21

New member
I understand, can I just ask how far you drove before the police stopped you?
I would add that it is noce to hear that your solicitor is being realistic with you, too often a solicitor paunts the prospects as being very rosy to get you to keep spending money!
was about a mile ... I was actually only about 300yards from beingat home :(
 

price1367

TTC Group
So the question you will have to answer was “why was it necessary to drive home, why could you not have driven out of sight of the ‘thugs’ and then carried on home on foot?”
There will also be consideration to the time of day, the traffic volume and pedestrians about and the magistrates will assess if the risk to others was acceptable in the light of the violence offered or threatened towards you. (and how credible the evidence of that is)
The silly thing is, the more you are intoxicated, the less the magistrates are inclined to accept that the risk was acceptable, but the more intoxicated you are, the less likely you are to use good judgement on the need to drive!

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