Wrong name

Convicted Driver Insurance

CAPRICORNMAN

Member
Hi .
I was driving less than quarter of a mile home .had 2 halves . Stopped breathalysed blew 44 and 44 at station ...

1. I am diabetic could ketones have given a false positive ?
2. It was 35 mins b4 breathalysed at police station and no raise in numbers ergo could the car test have been raised by keytones and really it was circa 38 39 and within tolerance .

Then lastly.

The arresting officer on his attest report has put the driver is Joe blogg and the day of arrest date not my birth date. When my name is Joe bloggS ..

Does that mean although clerical error I wasn't driving ?

Arresting officer was over zealous as he had a probationer with him and his statement is littered with assumption and subjective comments not statement of fact

Charge sheet details are all correct

Am I clutching at straws and need to accept my fate and simply need to understand my diabetes more and the effect of alcohol and adopt a zero alcohol if driving in future ?


Thanks
 
Good Morning,

Whilst I am not medical professional I can say that from my experience defences of this nature do not work. The law and the Courts usually takes the opinion medical reasons which can take you over the limit are something which you should take into account whilst drinking. You could try to run a special reasons argument which would reduce the disqualification on a guilty plea but it would be difficult and expensive, the hardest part being getting an expert who would say that you would have been under the limit if you had not been a diabetic.

The small document errors would not help.

Your other option is to look for procedural errors and whilst this can often be successful it is expensive to hire specialist law firms who are the only ones who can achieve this.

I hope that helps.

Kind regards
Martin.
 
Oh Martin I'm looking at 12 month ban as lower bracket .. can it be reduced below 12 months ? On special reasons ?.
 
Martin I now have my info. Custody record etc and copy of breathalyser questions .

Officer has said yes he gave me the readouts he didn't. .
If he had then they would be returned to me after my property was taken off me .. there is no listing of them in the property returned ... and police are being very stubborn regarding cctv of the breathalyser room sayi g its a subject access request and I wont get it in time for my first court appearance .. so I'll have to.plead not guilty to afford time to get my evidence ?

Put my eyes are brown also they are bright blue !! I know that'll count for nothing
 
And now it states I was arrested at xxxx and the postcode .I was arrested at a different postcode 0.4 miles away from where stated ??
 
Good afternoon.

I'm not sure how to answer your points really. It's seems like errors were made at the police station but nothing that would get the case dropped. If you want to defend the case using errors which may have been made you would need to hire a good lawyer and fully commit to a defence.

Otherwise you need to commit to a guilt plea as the Courts would not take kindly to a guilty plea where the defendant would also point out that the police made errors. They feel it is a sign of not being remorseful and often give harsher sentences.

Regards
Martin.
 
I'm my mother's carer and losing my licence will make her housebound for 9 months that's my only reason to look for errors as I'm sure as u said earlier they won't look at my diabetes defence so looks like there's no option no choice forced into a corner
 
You must log in or register to reply here.
Enter code DRINKDRIVING10 during checkout for 10% off
Top