Query re waiting for court summons

Convicted Driver Insurance

Birch22

New Member
Hi all

Would love some advice please. I made the massive mistake of drink driving in July 2022 -crashed - was subsequently arrested and released under investigation. It’s now coming up to 6 months since the incident and I’ve still not heard anything more from the police about being charged. It has been a horrendous time.

I have been told that this is a summary only offence and therefore the police have to charge me within 6 months - but I feel like there is conflicting info out there. Does this mean that I have to receive a court summons within 6 months from the date of the offence or that they just need to let the court know they are going to charge me but I still may need to wait longer to hear any updates? Would be grateful for any thoughts / advice / anyone in a similar position
Many thanks
 
They have to 'lay papers' with the court within 6 months. You may not be notified until a couple of weeks later, so the latter of your suggestions.

This is assuming you are not in Scotland, where they now have 12 months.
 
Hi all

Would love some advice please. I made the massive mistake of drink driving in July 2022 -crashed - was subsequently arrested and released under investigation. It’s now coming up to 6 months since the incident and I’ve still not heard anything more from the police about being charged. It has been a horrendous time.

I have been told that this is a summary only offence and therefore the police have to charge me within 6 months - but I feel like there is conflicting info out there. Does this mean that I have to receive a court summons within 6 months from the date of the offence or that they just need to let the court know they are going to charge me but I still may need to wait longer to hear any updates? Would be grateful for any thoughts / advice / anyone in a similar position
Many thanks
Sorry to say I was in the same situation I had 4 days to go before the 6 months was up but paperwork was put before CPS and as long as it’s stamped and dated before the 6 months is up you will be prosecuted. Yes it’s a summary only offence but it’s any easy win so don’t hold your breath you will be convicted and you will be banned and have a criminal conviction trust me don’t bother stressing yourself like I did it is going to happen
 
Hi all

Would love some advice please. I made the massive mistake of drink driving in July 2022 -crashed - was subsequently arrested and released under investigation. It’s now coming up to 6 months since the incident and I’ve still not heard anything more from the police about being charged. It has been a horrendous time.

I have been told that this is a summary only offence and therefore the police have to charge me within 6 months - but I feel like there is conflicting info out there. Does this mean that I have to receive a court summons within 6 months from the date of the offence or that they just need to let the court know they are going to charge me but I still may need to wait longer to hear any updates? Would be grateful for any thoughts / advice / anyone in a similar position
Many thanks
In my case i received it just after 6 months.

The sent the charges over to court with a few days left
 
Hi all

Would love some advice please. I made the massive mistake of drink driving in July 2022 -crashed - was subsequently arrested and released under investigation. It’s now coming up to 6 months since the incident and I’ve still not heard anything more from the police about being charged. It has been a horrendous time.

I have been told that this is a summary only offence and therefore the police have to charge me within 6 months - but I feel like there is conflicting info out there. Does this mean that I have to receive a court summons within 6 months from the date of the offence or that they just need to let the court know they are going to charge me but I still may need to wait longer to hear any updates? Would be grateful for any thoughts / advice / anyone in a similar position
Many thanks
Did you do a breath test at the station when you were arrested ?
 
Hi all

Would love some advice please. I made the massive mistake of drink driving in July 2022 -crashed - was subsequently arrested and released under investigation. It’s now coming up to 6 months since the incident and I’ve still not heard anything more from the police about being charged. It has been a horrendous time.

I have been told that this is a summary only offence and therefore the police have to charge me within 6 months - but I feel like there is conflicting info out there. Does this mean that I have to receive a court summons within 6 months from the date of the offence or that they just need to let the court know they are going to charge me but I still may need to wait longer to hear any updates? Would be grateful for any thoughts / advice / anyone in a similar position
Many thanks
Can you drive in this interim period ?
 
Did you receive your blood results back from the police and have an interview prior to receiving your court date ?
I haven't had any communication from the police at all about the results of my blood test. I took the option of asking to be provided with the second sample and I didn't get provided with it until three weeks later. Coming up to six months now since I was arrested. Still on tenterhooks. Not heard anything from the police at all.
 
I haven't had any communication from the police at all about the results of my blood test. I took the option of asking to be provided with the second sample and I didn't get provided with it until three weeks later. Coming up to six months now since I was arrested. Still on tenterhooks. Not heard anything from the police at all.
Did you test your sample and if so what was the outcome?
 
Did you test your sample and if so what was the outcome?
I did get it tested and I was over the limit. I instructed a solicitor after I was not given my sample when I left the police station and he thinks there are procedural problems with how they collected it. He wrote to them asking them to keep the CTV tapes and for the custody reports , also why I hadn't been given my sample when I left the station the following morning.
 
I did get it tested and I was over the limit. I instructed a solicitor after I was not given my sample when I left the police station and he thinks there are procedural problems with how they collected it. He wrote to them asking them to keep the CTV tapes and for the custody reports , also why I hadn't been given my sample when I left the station the following morning.
Do you know what the result of the sample was as in the specific numbers you received? Just making sure you’ve deduced the 6 standard deviations from your result.
 
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If you don't get a sample that's a big boo boo on their behalf
I did get a sample...eventually. I e-mailed the police two days after and was told that both samples would be sent to the lab and destroyed after testing . My solicitor then wrote to them asking for it and was told to go to the station and collect it three weeks later. I understand that you have the right to choose which sample you want but I was just handed one sample after it had been in their fridge for three weeks.
 
I did get a sample...eventually. I e-mailed the police two days after and was told that both samples would be sent to the lab and destroyed after testing . My solicitor then wrote to them asking for it and was told to go to the station and collect it three weeks later. I understand that you have the right to choose which sample you want but I was just handed one sample after it had been in their fridge for three weeks.
The sample needs to be taken in front of the arresting police officer who should remain with you at all times the blood sample should be taken by a police doctor in front of the arresting officer you must give your consent both samples must come from the syringe you must be given the option of having one each sample is then bagged and sealed with the arresting officers no date time etc you then take yours home and put in fridge the instructions are on the sample bag why did they keep both ?
 
The sample needs to be taken in front of the arresting police officer who should remain with you at all times the blood sample should be taken by a police doctor in front of the arresting officer you must give your consent both samples must come from the syringe you must be given the option of having one each sample is then bagged and sealed with the arresting officers no date time etc you then take yours home and put in fridge the instructions are on the sample bag why did they keep both ?
I guess they just forgot to give it to me the following morning.
 
Thanks all for your comments. I spoke with my solicitor who is going to follow up on the charges as no news as yet - but he said they could charge me with dangerous driving as I crashed and flipped my car / had been drinking. Has anyone else had similar experience of this / a different charge coming your way? I’m now even more anxious than I was previously
Thank you
 
Thanks all for your comments. I spoke with my solicitor who is going to follow up on the charges as no news as yet - but he said they could charge me with dangerous driving as I crashed and flipped my car / had been drinking. Has anyone else had similar experience of this / a different charge coming your way? I’m now even more anxious than I was previously
Thank you
Don’t worry the police will eventually charge you mine was for DD the CPS did try on the day to add dangerous driving but as the magistrate said I was being charged with DD and if CPS would like to take dangerous driving into consideration then that would be another mater witness statement etc that takes police time they probably won’t as they have your conviction for DD done
 
Thanks all for your comments. I spoke with my solicitor who is going to follow up on the charges as no news as yet - but he said they could charge me with dangerous driving as I crashed and flipped my car / had been drinking. Has anyone else had similar experience of this / a different charge coming your way? I’m now even more anxious than I was previously
Thank you
Yes, they may try and charge you with "driving whilst unfit" which doesn't require your bloods to be over, but does require them to prove impairment and that the impairment was caused by alcohol.

Yes they could always prosecute for dangerous driving, or w/o due care and attn. or similar.
 
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