Help with a possible drink/driving offence

[Bev250264]

Good luck, hope it works out for the best for your hard working young fella..

 

Thank you.

 

 

Keep the bottles for if there are to be more serious calculations of their original volume contents and strength

 

I showed them to the officers and asked if I should keep them or did they want them as evidence but they said not to worry.

 

As my son said to me last night. At least he didn't hit the lad who ran across the road. He said he doesn't know how he missed him 'cos he just came out of nowhere (we wondered if he'd maybe just committed a burglary or something - as I said before the area is renowned for scallywags).

 

Thank you everyone for your advice.

[honeybee13]

Hello again.

 

It's good the guys were able to help you. I hope you find a good motor lawyer. Someone in the family works for one and he gets some good results, especially the odd loophole.

 

Please let us know how you get on .

 

My best, HB

[Bev250264]

I will HB thankyou x

[MB123]

What use is keeping the bottles? There is no evidence they were drunk at the time or by who, you may as well just get an empty vodka bottle and say you drank that.

 

 

 

 

 

I am sorry to kind of hi-jack the thread but green_and_mean it says your private message box is full, can you clear some space please I need to send you something important.

 

Kind Regards,

MB123

[Scooby Doo69]

Did He speak to the Duty Solicitor at the time? If He had then He most certainly would have suggested to give a blood sample instead. That way the alcohol level would have probably dropped sufficiently. Either way get legal advice as with the right representation playing on the fact that it is a first offence (I assume) and that He requires the vehicle as part of His job (I assume), for being just 5MG over the limit, He may, just may get off with a fine.

[sailor sam]

Did He speak to the Duty Solicitor at the time? If He had then He most certainly would have suggested to give a blood sample instead. That way the alcohol level would have probably dropped sufficiently. Either way get legal advice as with the right representation playing on the fact that it is a first offence (I assume) and that He requires the vehicle as part of His job (I assume), for being just 5MG over the limit, He may, just may get off with a fine.

 

The OP states in the original post that he declined to services of a solicitor. Your closing remark is untrue. The police cannot issue a FPN for a drink drive offence,

it has to be dealt with by mags court if he is charged with the offence. If he is caluclated as being under 39mg of breath, then it is unlikely he will be charged. I am still surprised he didn't give a blood sample though.

[Scooby Doo69]

"Your closing remark is untrue. The police cannot issue a FPN for a drink drive offence, it has to be dealt with by mags court if he is charged with the offence."I was referring it Magistrates Sam.

[sailor sam]

"Your closing remark is untrue. The police cannot issue a FPN for a drink drive offence, it has to be dealt with by mags court if he is charged with the offence."I was referring it Magistrates Sam.

 

...who will dish out the minimum mandatory sentence available which is a 12 month ban (which can be reduced to 9 pending a DD rehab course). A 'fine only' is not an option available to the mags.

[Aretnap]

...playing on the fact that it is a first offence (I assume) and that He requires the vehicle as part of His job (I assume), for being just 5MG over the limit, He may, just may get off with a fine.

No chance whatsoever. He'll either be convicted or he won't, and if convicted a ban of one year is mandatory, absent special reasons. Special reasons must be special to the offence, not the offender, so the fact that he needs his car for his job can't be a special reason, nor can the fact that he was only just over the limit.

[Bev250264]

Just to update, my son returned to the station on 26th February and the bail was stood down due to insufficient evidence.

[Old Snowy]

Have they told him that no further action will be taken or just that they have insufficient evidence at this stage? The terms they use are sometimes unclear and I have known of cases where people have been given the same information as your son appears to have been given only to find themselves invited back to the station out of the blue and charged two or three months down the line when the police eventually get the results from the forensic lab.

[Bev250264]

That bail has been stood down and there is no case to answer I believe. My OH went with him to the station.

[sailor sam]

On the face of it then, he should consider himself extremely lucky. It suggests to me that the police have fowled up in someway. They don't normally let these kind of things go.

[Bev250264]

He does. He hasn't had a thing to drink since then. He's terrified that if he gets in the car the next morning, he'll still be over the limit and as he needs his car to get to work, he doesn't take the risk.

[Aretnap]

Thanks for letting us know the outcome, and fingers crossed that there are no more surprises. It sounds like a big relief for him, and perhaps a lesson or two learned as well. Best of luck to him in future.

[diskmandave]

Well done, and good luck for the future..