RTC (still waiting for blood results)

Convicted Driver Insurance

MrLuk

Member
I was involved in RTC with parked cars. They had to take me to the hospital because of the cut on my eye from the airbag and they took my blood sample 4/5hrs after the accident and said I’m released under investigation. It was 5 and a half months ago.
Yes my duty solicitor told me they are hoping that I’ll incriminate myself and to answer no comment to every question.
I’m just a bit confused as I was expecting that they will want to charge me with driving while over prescribed limit and not driving while unfit through drink. I’m not sure about the difference between the two of them.

edit:
While waiting for an ambulance they did a roadside test
 

price1367

0
TTC Group
I am sure the police wanted you to admit to driving, and the solicitor was right to advise a ‘no comment’ interview, that is why I said to ask for the Duty Solicitor. No comment, on your own, is a hard thing to do!
The police will now ask the CPS if they have sufficient evidence to charge you.

Drink driving is easy for them. There is a prescribed limit, you were over, offence complete. 12 month or more ban.

In charge whilst over the limit is pretty easy, except for satisfying the ‘in charge’ bit, perhaps due to where the keys are and your proximity to the vehicle. The good news from an ‘in charge’ offence is that it is 10 points, maybe a 6 month ban/

Driving whilst unfit through drink or drugs is a hard one for the police. Maybe you were unsteady on your feet, or there was poor driving…. But was that due to alcohol or maybe illness? The police have to show that your unfitness (Is that a word?) WAS due to alcohol. They will be giving their opinion, and to support that opinion they could quote the roadside result, even though it is not actual proof. 12 month + ban.

In charge whilst unfit carries same as in charge whilst over the limit, but also has the same burden on the police as driving whilst unfit, WHY were you unfit? Was alcohol the REAL cause? The police have to satisfy the police of this to get a conviction.

You will have to wait for the result of the liaison with the CPS.
 

MrLuk

Member
If they didn’t said anything about my blood results what can this mean? After over 5 months they should have the results right?
I don’t know if I would be able to answer no comment without my duty solicitor to every question.
While I waited for the solicitor to come I had a nice chat with the officers but on the actual interview every time I said no comment I was thinking that I’m doing something wrong and you could feel the mood was completely different and without solicitor I would probably start answering questions sooner or later.
 

price1367

0
TTC Group
I dont know the answer to the blood.
If it came back under, they have no case.
If it came back over, I feel sure they would have said, and they would NOT be looking at “driving whilst unfit” because they have the easier evidence that you were over the limit.

My best guess is that they have not had the result back, and they are testing the water to see if they are able to charge you with SOMETHING before the 6 month limit is up.
 

MrLuk

Member
This case is VERY similar to mine, what was the outcome if you're still about @MrLuk
I was banned for 22 months in January 2022 but with the course it was reduced to 17/17.5 months. On top of that 80 hours of unpaid work and 1 year of probation with 25 rehabilitation days (luckly for me I only had to see the probation officer once a month and he signed me off)

Now I just have to wait until end of March to apply for my license and I should get it back at the end of May.
 
I was banned for 22 months in January 2022 but with the course it was reduced to 17/17.5 months. On top of that 80 hours of unpaid work and 1 year of probation with 25 rehabilitation days (luckly for me I only had to see the probation officer once a month and he signed me off)

Now I just have to wait until end of March to apply for my license and I should get it back at the end of May.
Unless you are NOT an HRO, I wouldn't bet on getting your licence back by May. Even 'normal' applications are taking longer than this.
 

MrLuk

Member
I’m not an HRO and I’ve read that I should be able to drive under section 88 when it shows that I’m no longer disqualified.
 
I’m not an HRO and I’ve read that I should be able to drive under section 88 when it shows that I’m no longer disqualified.
That sounds good, but if you don;t mind me asking, what did you do to get such a heavy sentence while being under the HRO limit?
 
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