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Study sponsored by Department of Transport looking for people who have been caught drink driving to take part in telephone interview. More details here.

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worried mum

New member
My son was charged with being drunk in charge of a car. He was asleep in the car when the police came across him. He was breathalized and taken to the police station, where he was breathalized again with a reading of 51mg. It was his first offence and first time in a police station.
He was asked if he wanted a solicitor to which he replied, "I don't know what to do I've not been in this situation before". Then the police officer turned on the tape and said "so you don't want a solicitor" and continued with taking my son's statement. My main question is are the police allowed to take a statement from a person when they are drunk. Hope someone can give me some more info.
 
Your son has a statutory defence available to him. He would have to persuade a Court that it was more likely than not that he would not have driven whilst the alcohol level in his breath remained over the limit.

If he would like help with his case let us know. We accept instructions on a privately paying basis.
 

worried mum

New member
Thanks for your quick reply. Could you tell me if the police were within their rights to take his statement while he was drunk
 

worried mum

New member
My son went to court last friday. After waiting for a few hours the usher called his name to go into court. On entering court his solicitor told him that the CPS solicitor had just told her that the charge was being changed from 'drunk in charge' to 'drink driving' because my son admitted at the police interview that he had been driving before he stopped the car in order to go to sleep. The CPS solicitor said that she forgot to tell my son's this information earlier on. He pleaded guilty and was disqualified for 12 months, to be reduced to 9 months after attending an alcohol awareness course, and was fined £360.

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