Need advice and help, please.

Convicted Driver Insurance

SD67

New Member
Had an argument with my partner via Facebook messenger so left the house before she arrived home. Tried reasoning with her for an hour or so but wasn't having it so went back to house and took the car (she's reg keeper, but I'm only person insured drive it) she called me via car bluetooth and said that she was phoning the police because I had taken it without her permission (after 11 years in a relationship, its not the kinda thing you ask). I was already on bail, absolute panicked so returned the car and police wasn't there and I knew I was going in the cell for the night and possibly going to be remanded. I started downing beers that I had in the car (5 beers I had left over from Sat, were for Mon nights ftball at a friends.. Incident happen on the Sunday night.

So downed them fast as I could (this was outside the car in my partner's garden, police did eventually arrive around 15 minutes later... They checked engine see if hot then said could smell alcohol. My heart sunk I didn't really think that far ahead... Just panicked that I was going to jail, never been there don't want to either. He told me to blow breathalyser at roadside and I blew 21 the police officer not traffic (glimpsed at it and said lets say that was a warm up, machine not warmed up yet) so I blew again and then gave a reading of 22 (Scotland). Is that normal for 2 readings at roadside, seen a good few police programmes seem to be the 1 test unless they fail to cooperate? Would they not have been traces of alcohol left in breathalyser right after the other?

After second roadside test I was arrested with taken car without permission and drink driving, down at station though I did blow 29 then 28.

But I was not drink driving how the hell do I get myself out this.
 
Hello Sd67
The roadside breathalyzers only a gauge for consuming Alcohol !so despite blowing under the limit they have the right to arrest you on suspicion even on the 1st blow
Anyway there's lots better advice to come from good posters but I will ask ? Were the 5 empty beer tins visibly outside the car during this period

Also could it be possible your GF could make statement or testify differently to your recollection did she witness you drinking these beers in the garden
 
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Thank's for the quick reply Craig and the information on the breathalyser.

Were the 5 empty beer tins visibly outside the car during this period

No. They were twist cap bottled buds and they were in a carrier bag. I had only taken 2 out bag as wasn't expecting the length time I had. I did put the first 2 twist caps in my pocket (be used as evidence against me). Rest of caps and bottles I put back in carrier bag and flung in the wheelie bin next to me.

Also could it be possible your GF could make statement or testify differently to your recollection did she witness you drinking these beers in the garden

Since then partner has changed her statement with police, saying she forgot that she did give me permission earlier that night to drive the car. She has been called as a witness and will be testifying saying she did see me drinking in garden from bedroom window (looks down onto garden/driveway).
 
Before I give my thoughts, can you give us the timescales for this.
Had you had ANYTHING to drink before you drove the car? If so, what and when.
When had you last eaten?
What time did you pull up and get out of the car
What time did the police arrive, and how soon afterwards did they breath test you?
What time did you provide the breath test at the police station (this will be on the print out they supplied)
What time were you released and were you breath tested at any time in custody before release, other than the evidential ones of 29 and 28?
 
Hi Price1367

Had you had ANYTHING to drink before you drove the car? If so, what and when.
When had you last eaten?

No, had nothing to drink before driving and I last ate at 4:15pm.

What time did you pull up and get out of the car

I had taken car at 10:30pm then brought it back at 10:55pm and came out right away and sat (next to driveway) on stairs with beers in carrier bag.

What time did the police arrive, and how soon afterwards did they breath test you?

They arrived at 11:10pm and roadside breath test me within a couple of minutes after asking for my details and what had happen.

What time did you provide the breath test at the police station (this will be on the print out they supplied)

28 was at 11:40pm and 29 at 11:43pm.

What time were you released and were you breath tested at any time in custody before release, other than the evidential ones of 29 and 28?

I was kept in overnight and up at court next morning then released on bail 2pm, charged with drink driving and car without permission. I wasn't breath tested again while in custody.

Thanks.
 
Budweiser is 5% abv.
I have to say that your figures do not add up. If you had drunk over 1 1/2 litres of bud in 10 minutes (!) your reading at 11.43pm would not have been 29. It should have been higher that 21 at 11.10pm from mouth alcohol. (But the hand held machine cannot be relied upon as accurate)
If you do go down the “hip flask defence” route, you will have to commission an expert to produce a report to say if your claim is credible. It costs about £300. As I indicated, to me the scenario you have set out is not credible but by all means spend £300 to get a more professional opinion, mine is just based on nearly 50 years experience.........
 
Budweiser is 5% abv.
I have to say that your figures do not add up. If you had drunk over 1 1/2 litres of bud in 10 minutes (!) your reading at 11.43pm would not have been 29. It should have been higher that 21 at 11.10pm from mouth alcohol. (But the hand held machine cannot be relied upon as accurate)
If you do go down the “hip flask defence” route, you will have to commission an expert to produce a report to say if your claim is credible. It costs about £300. As I indicated, to me the scenario you have set out is not credible but by all means spend £300 to get a more professional opinion, mine is just based on nearly 50 years experience.........

Thanks for you're reply Price1367. The machine down at the station was having an error before the officer got it working, could the machine have been faulty? It was 5 buds that I had and finished them within 9 minutes. Would medication have a role to play as I'm on a few for different things?

How many budweisers would have taken to get those kind of readings? I tried work it out myself with 2 budweisers and my height, weight and last eaten it'd be around 10-14?

Thanks.
 
The bottles were the 300ml 4.5% abv, if that makes a difference unless there is a 0.5% leeway?
 
Have you already told the police that you drank 9 bottles in 9 minutes? And has your girlfriend said the same?
 
No I remained pretty silent, didn't say anything to police apart from my details and the situation about taken car. My partner did say that she saw me drinking 2 beers after arriving, was only 5 bottles I consumed. The 1st was gone within 20sec, 2nd 60sec, 3rd 1min 30sec, 4th 2min and 5th I slowed right down due to last one.

Does alcohol in mouth only last 30 minutes? I'm all confused because from what you're saying it should have read a lot higher, which is quite worrying I prove there machine is at fault...
 
I've had a past with Alcohol that would even in my pissed up mind!! could never devioure that amount of Alcohol in such a small time#
Not calling you a liar but if true do seek help
It's not how quickly you drink* it's how the liver prosses 1 unit per hour give take 10pcnt
 
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I might just go with the 2 bottles rather than 5 if the reading ain't adding up and if it looks like I'm lieing... Hopefully 2 bottles and being breath test with alcohol still in mouth should be those figures then, but I'm stunned how I drank that amount and should have blown a hell of a lot more!
 
I suffer from mental health since teens now in my 30s. So thinking you're going to be remanded and suffer from anxiety, panic disorder and not great with crowds and giving the fact I was pretty angry what my partner did, I drank them like a fish abouslty panicking I was going to prision!
 
Mouth alcohol lasts for 20 minutes, in theory. That is why the police are supposed to wait for 20 minutes after you have had a drink before they test you. (But only if they have reason to think you have recently had a drink) in practice, I have tried the hand held device with someone drinking in front of me, the immediate effect was to produce a reading of 120. 3 minutes later that was 15 and 8 minutes later it read zero. That is why I say that the 21/22 readings at 11.10pm, even though it is not provable, do not
The police would have asked you when you ask drank alcohol. If you did not say then that you had been drinking after you got back to the house, that makes your task somewhat harder.
The task of trying to prove that the breath test machine was faulty will be almost impossible. It tests itself before, during and after the tests from you and would shut down if a fault was detected. It is measured against a known sample in a gas bottle attached to the machine.
I am not going to help with giving the correct number of bottles to produce a reading of 28 at 11.43, because that smacks of helping to concoct a defence rather than telling it as it was, but even with the revised information of the 300ml bottles at 4.5%, the maths do not add up.
 
Firstly, your case is easily identifiable from the information you have posted. If you try and work out how many bottles will match your reading don't be surprised if there are consequences.

The assumption in law is that the alcohol in your system is the alcohol there when you finished driving. At the moment your case is weak. There is a principle in law where they consider what the man on the Clapham omnibus - i.e. a reasonable person - would do.

Most people who had just downed five/whatever number you think of beers would be keen to tell the police that, and show them the empty bottles. It sounds like your girlfriend - who has already changed her story once - is not going to be a credible witness.

As price has said the only chance you have us to commission an independent report from a toxicologist but be aware they make exact calculations. If they can't make the roadside readings and station readings correlate to your story then you have wasted £300.

Many people think the hip flask defence - saying you drank after you stopped driving - is a good idea but it only works if the sums add up and you are seen to be a credible witness.
 
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