Mitigation

Convicted Driver Insurance

CliveM

New Member
Hello, I blew 92 and have no issues with procedure etc. I don’t have alcohol issues, but in March 2023 me and my wife both decided to quit drinking. Even though we just had 2-4 pints per week. Then we had 8 months of medical hell with family and extended family health issues.
Instead of reaching for the bottle/going to the pub we decided to just sort things out without alcohol. Until 2 days ago when further bad news about my life’s health led me to having a drink in my car.
Two questions: is it worth giving the above as mitigation?
Second, despite my intention to plead guilty I am concerned about why I was stopped outside my house. It feels like the police were waiting for me to drive home after a tip off. Still feel guilty, but are they allowed to do this kind of ‘surveillance’. On home cctv I see them search my car twice, look down neighbour’s drives and spend 15 minutes at the scene. Yet they were right behind me when I parked up so had no chance to do anything other than open my door as the cop arrived. It feels like they were looking for something else. So maybe my arrest was a by product. Are they allowed to wait, if not is the rest of what the did inadmissible?
I have never been arrested, no convictions, driving for 48 years and no blameworthy accidents.
Thank you.
Clive
 
Good morning,

In short they can do what you have described if they have reasonable suspicion, even if that is based upon a 'tip off'. What you do not want to do is mention any of this at Court in my opinion. You are looking at community punishment at the minute (possibly a fine with a good lawyer) but to achieve a good result you will need to make clear that you are sorry for what you did and bringing up the actions of the police will detract from this.

Kind regards
Martin.
 
Martin Hammond said:
Good morning,

In short they can do what you have described if they have reasonable suspicion, even if that is based upon a 'tip off'. What you do not want to do is mention any of this at Court in my opinion. You are looking at community punishment at the minute (possibly a fine with a good lawyer) but to achieve a good result you will need to make clear that you are sorry for what you did and bringing up the actions of the police will detract from this.

Kind regards
Martin.
Click to expand...
Thank you. If I may, one final question. The police stopped me outside my house at 6:23pm and spent 15 minutes with me before driving off. The test at the station was performed at 8.20 pm so can the court rely on that being the state of play at the time I was driving?
 
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