Drink Driving Situation?????

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Thu 4 Jul 2013 11:12
Drink Driving Situation????? - drt1985
Breath Machine Wasn't Working! Refused A Urine Sample!! Will I Be Band???????

Hi well I was arrested by police that did not see me driving my vehicle but have 3 witness saying I did. I was not in possession of the keys on time of arrest. I failed to give a road side breath as I refused and said I wasn't not driving. Later at the station I agreed to a breath test on the machine but the machine was not working, so the officer then took me into a room with a doctor and said you are to give blood or urine sample so I said I will have a urine sample because I do not like needles as I suffer from anxiety of needles and it is on my medical records that I do and have been proscribed beater blocks for anxiety attacks in the past. The officer said I don't care I want you to take a blood test, I said no but I am more than willing to take a urines sample and I repeated this over 10 times to him and the doctor, the officer said so are ur refusing a blood test I said yes I am but I will take a urine sample once again and then he said no that's not a option, then I was charged with failing to provide and I am at court in 2 weeks, I have a solicitor and he told me that I will get off with the charge! I just want some more advice on this matter and if I will get off with it????

I would just like to add that I was not drinking but I was the night before but I believe that I did not have enough to put me over the limit but the witnesses said they smelt alcohol on my breath...

Thank you
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Thu 4 Jul 2013 12:11
Drink Driving Situation????? - hookster66

'i was not in possession of the keys'

and so not in control of a vehicle , therefore not chargeable for being drunk in charge. this might be the defence your solicitor is going to use. but they will ask you at court where were you at the time of arrest? inside the vehicle? how did you come to be there? you indicate that the police stopped you by,if not on, the road (roadside breath test) but who unlocked the car and when? where were the keys after this event, or who took them away? (ie,someone else driving lets you into the car whilst popping into the shop) the actual driver would be expected to be in proximity to the car and readily called in your defence...this is what you can rely on at the hearing?

why did 3 witnesses say that they saw you driving...are these 3 to be called at court...you can count on it!!!... and failure to provide a sample is an automatic ban....why on earth did you agree to one ?

a most peculiar situation at first reading

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Thu 4 Jul 2013 12:55
Drink Driving Situation????? - RT

Possession of keys at time of arrest is irrelevant - possession of keys at time of alleged offence is very relevant, indeed if you were the last driver of the car and you still had access to the keys, eg just lying around, then legally you're still the person in charge of the vehicle.

Why refuse a breath test - if you were genuinely not driving and not in charge of the car ?

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Thu 4 Jul 2013 16:51
Drink Driving Situation????? - FP

Let's get to the point. Were you in fact driving, and are you just playing with the technicalities to wriggle out of it?

"I believe that I did not have enough to put me over the limit.." How on earth can you tell? And the issue is only relevant if you were driving.

Maybe the police cocked up the procedure by not offering the urine sample option. Maybe your solicitor can get you off the charge. But don't expect people on this forum to react sympathetically to such a half-baked story. Only a trained lawyer will have any interest in legal technicalities.

Edited by FP on 04/07/2013 at 16:52

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Thu 4 Jul 2013 17:34
Drink Driving Situation????? - Bromptonaut

"I believe that I did not have enough to put me over the limit.." How on earth can you tell? And the issue is only relevant if you were driving.

.

That may be a bit harsh FP though perhaps the OP could tell us a bit more about the background and the relevance of three witnesses. What exactly led to report, police attendance etc?

I can think of scenarios but I'd like to hear what OP says.

He says he was drinking the night before. I agree that assessing whether you're over the limit immediately after two or three glasses of wine is impossible. However, to be over limit the next morning he'd have been in skinfull territory the night before. If he's had three pints of ordinary beer and finished drinking at 11:00 he should be OK by rush hour. Eight pints plus chasers, finish at 02:00 and territory is very different.

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Thu 4 Jul 2013 17:51
Drink Driving Situation????? - FP

"That may be a bit harsh FP..."

Note the OP carefully avoids the issue of his role. He says, "I was arrested by police that did not see me driving my vehicle but have 3 witness saying I did." He adds no denial, no comment.

He makes much of his problem with needles - whether as a bid for sympathy one can only guess. He stresses at some length his willingness to give a urine sample.

He states, "...I would just like to add that I was not drinking but I was the night before..." This sounds very much like "yes, but no, but yes". And, as I said before, why say this if he wasn't driving - it's irrelevant.

I don't normally do harsh, Bromp, but I smell a rat here. Even if the OP came back now and claimed he wasn't driving, I wouldn't believe him. And I don't think I believe he was under the limit.

Edited by FP on 04/07/2013 at 17:52

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Thu 4 Jul 2013 21:38
Drink Driving Situation????? - monian

Isn't the fact whether he was driving or not now irrelevant. That has been over shadowed by the OP refusing to provide a sample which is an offence in itself

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Fri 5 Jul 2013 16:20
Drink Driving Situation????? - FP

"Isn't the fact whether he was driving or not now irrelevant."

I'm not a lawyer, but I reckon it's not irrelevant, since the insistence of the police that he provide a sample is based on three witnesses saying he was the driver and presumably something happened - accident or whatever - which suggested the driver's ability to drive was impaired by alcohol.

He may now be charged with more than one offence - refusal to provide being one of them (which he may or may not wriggle out of).

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Fri 5 Jul 2013 16:58
Drink Driving Situation????? - Dwight Van Driver

The question will be were the grounds for the first refused breath test lawful?

We do not know it will have to be established at Court but from what stated, if true, then brief has something to work on for an acquital - more so if unlawful.

If lawful.....not good.

dvd.

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Fri 5 Jul 2013 20:34
Drink Driving Situation????? - Armitage Shanks {p}

OP hasn't had anything to say for 48 hours so I reckon he doesn't like what he is reading, if he has even bothered to do that!

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Fri 5 Jul 2013 20:35
Drink Driving Situation????? - Armitage Shanks {p}

OP hasn't had anything to say so I reckon he doesn't like what he is reading, if he has even bothered to do that!

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Wed 10 Jul 2013 04:56
Drink Driving Situation????? - 1litregolfeater

He's too pizzaed to work the computer!

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Wed 10 Jul 2013 16:46
Drink Driving Situation????? - dacouch

The OP is a quite literal example of someone not taking the p...

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