Time to wait for drink-driving conviction?

[Marlman]

Hello
A family member had a accident in her car and was found over the alcohol limit to drive. This happened in April this year and she has had no correspondence from the police and she's getting worried about it, can anyone give me some advice?

 

[Jon1123]

6 months for police to contact cps to charge her. If incident happened in april then if she doesnt hear anything by december then probably she is in the clear. Was it a blood or breath test?

 

[Polly3]

6 months for police to contact cps to charge her. If incident happened in april then if she doesnt hear anything by december then probably she is in the clear. Was it

Hello
A family member had a accident in her car and was found over the alcohol limit to drive. This happened in April this year and she has had no correspondence from the police and she's getting worried about it, can anyone give me some advice?

Depending on when in April , the police may only have a few weeks left before the 6 months is up .

 

[Campbell1411]

Hello
A family member had a accident in her car and was found over the alcohol limit to drive. This happened in April this year and she has had no correspondence from the police and she's getting worried about it, can anyone give me some advice?

Hey I’m on Scotland and we just got an extension on the time scale, it’s 12 months up here. I was caught in February this year and I only got contacted in august, my lawyer was going for dismissal but our laws are a bit stricter up here. I have court again next week so will know more then. Although As above stated if they haven’t made contact by December then it could be dismissed.

 

[C J 1980]

Hello
A family member had a accident in her car and was found over the alcohol limit to drive. This happened in April this year and she has had no correspondence from the police and she's getting worried about it, can anyone give me some advice?

Marlman

The police have six months to lay charges for drink driving cases as they are classed as 'summary' offences. Therefore, the officer in the case has six months from the date of the offence to process a charge or court summons. Once the offence is in the lands of the court system they don't necessarily have a time limit to deal with the case. The Magistrates could very well deal with it next year.

I am assuming your family member was released 'under investigation' by the police back in April? Therefore, there are no set perimeters to return to the police station to answer police bail. If that is the case, the family member may be summonsed to court rather than be invited back to the police station to be formerly charged and given a court date there and then.

The police should really be keeping your family member updated as a matter of courtesy. However, a few members of the police service adopt the attitude of 'they've broke the law so let them stew!'. Judging by the standards of some police officers these days, there is some degree of ineptitude on their part.

Depending what date in April the offence happened, I'd be tempted to contact the police AFTER the six month anniversary in October (next month). The reason I say this is, you'd like to think the paperwork for the case is maybe left languishing in a bobby's correspondence tray somewhere. If you contact them now, you might give them the heads up to get something done with it before October's deadline.

CJ

 

[Marlman]

6 months for police to contact cps to charge her. If incident happebed in april then if she doesnt hear anything by decembet then probably she is in the clear. Was it a blood or breath test?

It was a breath test.

Marlman

The police have six months to lay charges for drink driving cases as they are classed as 'summary' offences. Therefore, the officer in the case has six months from the date of the offence to process a charge or court summons. Once the offence is in the lands of the court system they don't necessarily have a time limit to deal with the case. The Magistrates could very well deal with it next year.

I am assuming your family member was released 'under investigation' by the police back in April? Therefore, there are no set perimeters to return to the police station to answer police bail. If that is the case, the family member may be summonsed to court rather than be invited back to the police station to be formerly charged and given a court date there and then.

The police should really be keeping your family member updated as a matter of courtesy. However, a few members of the police service adopt the attitude of 'they've broke the law so let them stew!'. Judging by the standards of some police officers these days, there is some degree of ineptitude on their part.

Depending what date in April the offence happened, I'd be tempted to contact the police AFTER the six month anniversary in October (next month). The reason I say this is, you'd like to think the paperwork for the case is maybe left languishing in a bobby's correspondence tray somewhere. If you contact them now, you might give them the heads up to get something done with it before October's deadline.

CJ

Thank you every one who has replied.The police went with the ambulance to the hospital for her to be checked out and did not charge her.She left the hospital and police asked if she was ok and then let her go home.She has had no contact letter or call since that day?.

 

[Campbell1411]

It was a breath test.

Thank you every one who has replied.The police went with the ambulance to the hospital for her to be checked out and did not charge her.She left the hospital and police asked if she was ok and then let her go home.She has had no contact letter or call since that day?.

The breath test would confirm over the limit. This is classed as evidence which would then be processed and passed over to court. The only contact she will have since then is a summary to court, the police do not make contact after the incident. From my experience the only time the police contacted myself was to return my keys the day after. If she was found over the limit she would have been charged and expected to appear in court on a further date. I can not remember them charging me (as I can’t mind much of the night) but I do remember being caught for DUI when they came the next day as I asked my charges. I would await further down the line until the 6 months mark, to make contact and see what is happening, although I would suggest also that she doesn’t have the “I’m getting away with it” outlook as well, they still have a few more months to go to get it to court, If it’s like my situation, the letter came for court a few days before the 6 months mark.

 

[Marlman]

The breath test would confirm over the limit. This is classed as evidence which would then be processed and passed over to court. The only contact she will have since then is a summary to court, the police do not make contact after the incident. From my experience the only time the police contacted myself was to return my keys the day after. If she was found over the limit she would have been charged and expected to appear in court on a further date. I can not remember them charging me (as I can’t mind much of the night) but I do remember being caught for DUI when they came the next day as I asked my charges. I would await further down the line until the 6 months mark, to make contact and see what is happening, although I would suggest also that she doesn’t have the “I’m getting away with it” outlook as well, they still have a few more months to go to get it to court, If it’s like my situation, the letter came for court a few days before the 6 months mark.

thanks for the advice, much appreciated.

 

[C J 1980]

It was a breath test.

Thank you every one who has replied.The police went with the ambulance to the hospital for her to be checked out and did not charge her.She left the hospital and police asked if she was ok and then let her go home.She has had no contact letter or call since that day?.

Marlman

When your family member went to A&E with the police back in April, did they obtain a blood sample while they were there with her?

CJ

 

[Jon1123]

It was a breath test.

Thank you every one who has replied.The police went with the ambulance to the hospital for her to be checked out and did not charge her.She left the hospital and police asked if she was ok and then let her go home.She has had no contact letter or call since that day?.

This sounds very similar to my situation which also happened in April. We should both receieve a letter very soon..

 

[Marlman]

Marlman

When your family member went to A&E with the police back in April, did they obtain a blood sample while they were there with her?

CJ

Yes they did take a blood sample.

 

[BigTom]

Yes they did take a blood sample.

That's it then. The initial breath test would have been a roadside one that, whilst accurate enough to indicate whether somebody is over the limit or not, is not considered accurate enough for evidence.

Evidentially, either 2 blows on the machine back at the station, or a blood/urine laboratory analysis are required. Dibble have 6 months to initiate the proceedings against your Fam, many people find that 5 1/2 months proceed before they hear anything - dashing their hopes.

Wait 'til 7 months have passed, if still not heard anything, call them. You will be in the clear by then, they have either forgotten to proceed, or decided not to and couldn't be arsed to let you know.....