Not caught at the wheel but tipped off ...

#1
Hi all,

I wonder if you can give me some advice? Basically my boyfriend and I had a huge row one night in January after an all day drinking session and he drove only a short distance to just get some space and 'clear his head'

I called the hotel where we were staying in my drunken state and told them not to let him out as he had been drinking.

They contacted the police who then as my boyfriend arrived back at the hotel room so did they.

They took him to the police station where they held him all night. He blew 56 and has just got his letter through to say his court date is in April.

What is the likely outcome from this as they didn't actually catch him behind the wheel and up until now he has denied it. But there may potentially be cctv..

Any advice will be most welcome!!
 
#2
Your boyfriend will be given advance disclosure of the prosecution case, but this is normally on the morning of the court. If he has denied driving, presumably the police (and CPS who conduct the prosecution at court) feel that there is sufficient evidence to show that he did drive.
i suggest that he gets the advance disclosure and then.speaks to the duty s9licitor at court for advice as to how to proceed.
This advice is free, but the duty solicitor will not often actually go into court to speak up for the accused where there is no risk of custody, which is the case here. He will be looking at a ban of 12-16months.
He needs to consider that for a guilty plea, prosecution costs that he has to pay are £85. As soon as he enters a not guilty plea those costs, if he is found guilty, rise to £625. If there is CCTV evidence or witness evidence from staff that he drove the car then it may be as well for him to just plead guilty at the outset.
 
#3
Thank you.

Are they likely to play my recording to in the court as the hotel put me through to the police and I spoke to them?

He has been driving less than 2 years so I am guessing he will need to retake his test?

I just feel so awful for him but I didn't have a choice.
 
#4
Thank you.

Are they likely to play my recording to in the court as the hotel put me through to the police and I spoke to them?
No, this is not likely at all.

He has been driving less than 2 years so I am guessing he will need to retake his test?

I just feel so awful for him but I didn't have a choice.
New drivers only have there driving licence automatically revoked and need to re-take their driving test if they receive 6 penalty points within the first 2 years of passing their test.

If your boyfriend is convicted of drink driving he will be disqualified from driving, he wont receive penalty points, having his driving licence automatically revoked under the new drivers act would not happen as a result of a drink driving conviction.
 
#5
I would clarify the first point made above to say that the recording will not be played to the court if he pleads guilty.
If, however, he was to plead not guilty then you might find yourself called as a prosecution witness and if your account in court differed to what you said in the first place to the police then you could find it being played to challenge you about the truthfulness of what you were saying under oath.
 
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