Post accident drinking

Convicted Driver Insurance

Djk85

Member
Had two pints at the pub and had a minor collision on the way home, would of been 100% under the limit so swapped details and left the scene on foot, proceeded to drink more beer thinking nothing of it and returned to the car 2hrs later to find police all over it, blew 98 in the end and a vast majority of that was consumed after the incident although I have little to no evidence of this, there was 1 hour between starting to drink and then leaving the pub, thoughts on plea?
 
Had two pints at the pub and had a minor collision on the way home, would of been 100% under the limit so swapped details and left the scene on foot, proceeded to drink more beer thinking nothing of it and returned to the car 2hrs later to find police all over it, blew 98 in the end and a vast majority of that was consumed after the incident although I have little to no evidence of this, there was 1 hour between starting to drink and then leaving the pub, thoughts on plea?
You are guilty as charged
 
Had two pints at the pub and had a minor collision on the way home, would of been 100% under the limit so swapped details and left the scene on foot, proceeded to drink more beer thinking nothing of it and returned to the car 2hrs later to find police all over it, blew 98 in the end and a vast majority of that was consumed after the incident although I have little to no evidence of this, there was 1 hour between starting to drink and then leaving the pub, thoughts on plea?
Here we go again 🙄
 
Had two pints at the pub and had a minor collision on the way home, would of been 100% under the limit so swapped details and left the scene on foot, proceeded to drink more beer thinking nothing of it and returned to the car 2hrs later to find police all over it, blew 98 in the end and a vast majority of that was consumed after the incident although I have little to no evidence of this, there was 1 hour between starting to drink and then leaving the pub, thoughts on plea?
I assume you gave all the details of what you allege to have drunk after the accident to the police - they'll request an alcohol technical defence calculation to see if your account is credible. If it is the charges will likely be dropped. If the calculation suggests your account isn't credible the trial will go ahead and you'll likely be convicted. The CPS will probably request higher cost payments from you.
 
I assume you gave all the details of what you allege to have drunk after the accident to the police - they'll request an alcohol technical defence calculation to see if your account is credible. If it is the charges will likely be dropped. If the calculation suggests your account isn't credible the trial will go ahead and you'll likely be convicted. The CPS will probably request higher cost payments from you.
Yes I did, will I find out this information on the first hearing?
 
Yes I did, will I find out this information on the first hearing?
Generally speaking when the police get the report back if it shows your account is not credible they will either call you or send you a letter confirming that you've been charged, with your trial date. If you're represented your solicitor will request a file of the evidence against you which will include the ATD report. You can request it yourself from the CPS, but if you're going down the route of a nont guilty plea with an ATD you should definitely hire a solicitor.
 
I would say that you would have a good defence. They need to prove that you were over the limit when you had the accident. I would speak to a specialist solicitor before deciding what to do
 
Had two pints at the pub and had a minor collision on the way home, would of been 100% under the limit so swapped details and left the scene on foot, proceeded to drink more beer thinking nothing of it and returned to the car 2hrs later to find police all over it, blew 98 in the end and a vast majority of that was consumed after the incident although I have little to no evidence of this, there was 1 hour between starting to drink and then leaving the pub, thoughts on plea?
Why did you return to the car?
If the police were”all over it” why were you recognised or associated with the car?
If you weren’t in the car, planning to drive the car or were caught driving the car; you can imbibe as much as you want. Alcohol isn’t illegal.
What REALLY happened??
 
Why did you return to the car?
If the police were”all over it” why were you recognised or associated with the car?
If you weren’t in the car, planning to drive the car or were caught driving the car; you can imbibe as much as you want. Alcohol isn’t illegal.
What REALLY happened??
I had been at home for a couple of hours trying to sort out a recovery from a friend who owns a truck, car was registered to my address around 10 minutes away from the scene, my sisters husband was driving past the car and noticed it was mine so enquired to the police what had happened, he then phoned me and said the police told him to tell me if I didn’t go there then they would come here, thought it would be best for me to cooperate, so no intention of driving it and wasn’t seen anywhere near the car….in my mind as long as the car was not obstructing traffic, there were no injuries in the collision and correct details were given then you do not need to ask the police to intend which is why I left it there….
 
I had been at home for a couple of hours trying to sort out a recovery from a friend who owns a truck, car was registered to my address around 10 minutes away from the scene, my sisters husband was driving past the car and noticed it was mine so enquired to the police what had happened, he then phoned me and said the police told him to tell me if I didn’t go there then they would come here, thought it would be best for me to cooperate, so no intention of driving it and wasn’t seen anywhere near the car….in my mind as long as the car was not obstructing traffic, there were no injuries in the collision and correct details were given then you do not need to ask the police to intend which is why I left it
Guilty of being a blogger.

I reckon it's the same person targeting this forum.

Having zero intelligence and lying isn't illegal either.

CJ
What you on about? I’m genuinely looking for advice?
 
Guilty of being a blogger.

I reckon it's the same person targeting this forum.

Having zero intelligence and lying isn't illegal either.

CJ
How bored would you have to be to invent a pointless story, very similar to your last work of fiction on here - should definitely try to get out more! :rolleyes:
 
What you on about? I’m genuinely looking for advice?
It sounds like it was a more serious bump than a minor collision then if it required a tow truck? In any collision you are meant to inform the police but for minor accident; they won’t be “all over it”; I doubt they’d even come out!

Why didn’t your BIL call you first before the police? I’m also very surprised they told him anything especially if they wanted to speak to you and had your address.

What were their grounds for breathalysing you at the side of the road as a pedestrian? What did you blow at the station? What does your charge sheet say?

Just trying to figure out the story going towards.
 
I would say that you would have a good defence. They need to prove that you were over the limit when you had the accident. I would speak to a specialist solicitor before deciding what to do

Terrible advice.

In these circumstances, the usual burden of proof is reversed and the accused must demonstrate they would have been under the limit if they didn't drink after the incident.

As the law stands, the reading you give when tested on the evidential machine (or the blood/urine) is taken as the minimum level it would have been when you are driving.
 
Had two pints at the pub and had a minor collision on the way home, would of been 100% under the limit so swapped details and left the scene on foot, proceeded to drink more beer thinking nothing of it and returned to the car 2hrs later to find police all over it, blew 98 in the end and a vast majority of that was consumed after the incident although I have little to no evidence of this, there was 1 hour between starting to drink and then leaving the pub, thoughts on plea?
I tried this and failed, 10k later fine was higher as was the ban, I lost all credibility.

I had a toxicology that matched my story and a witness.

I would not try it, I am now 17 months into my ban and about to go through the process of getting my licence back.

The whole court pleading not guilty was truly awful knowing full well I was lying not to mention 10k in lawyers and barristers who promised me the world!
 
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