What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
Bad descisions and caught - Help required! - Lozzy

Hi Guys, I done something really b***** stupid, had a bottle of wine, and got in a car - I am not proud of this what so ever and HATE people that do what I have done. I'm seeking help as I think I have a problem.

I have never ever done anything like this before. Never been in trouble with the police and I am the most law abiding citizen ever.


I ended up in an accident, no one else was involved thank god, but I ended up in a ditch, I can't full remember it, but I hit my head very hard...luckily that's all I came away with.

I blew 103 on the breathalyzer.

I have a few questions - at 10pm I was breathalysed which read 103, I was taken to hospital to check me out and at about 4am I had a blood test by a police medical practitioner, I asked the policeman if I was going to jail and he said no, I would most likely have a 12 month ban from driving which I can take an alcohol aware course to bring down by a few months, sounded like he was trying to be reassuring and said the blood test reading will be lower as hours have passed and the reading comes down lower each hour.

So my question is, which reading will be taken into consideration? The Breathalyzer or the blood test result?

Second question if anyone knows - I have social anxiety and I am on tablets and having therapy for this - standing up in a court room is putting the fear of god through me, standing up and talking in front of people is one of my social anxiety triggers. Is there a way it can be done in a smaller room with less people/public/press if I can get a medical note from my doctor?

Third question - is there a way to get your name from being in the paper? I feel utterly sick at the thought, I live in a tiny village where everyone knows everyone's business before they even know who you are.

Fourth question - I gave a statement at hospital but there was so much going on I literally can't remember fully what I said - and I signed it - are we ever able to see our statement again before going to court?

Sorry for so many questions...Thankyou!

Bad descisions and caught - Help required! - Gibbo_Wirral

Google "motoring lawyer".

Bad descisions and caught - Help required! - Middleman

So my question is, which reading will be taken into consideration? The Breathalyzer or the blood test result?

The breathalyser is simply a screening device and cannot be used for evidential purposes. The results of the blood test will be the evidence used. The legal limit in breath is 35 so you blew three times that. The legal limit in blood is 80, so you can expect a result around 240, though it may have reduced in the six hours between tests.

Is there a way it can be done in a smaller room with less people/public/press if I can get a medical note from my doctor?

No. Some court houses have smaller, less formal courtrooms (sometimes used for family court hearings) and you could ask to be dealt with in one of those but there is no requirement to grant your request.

is there a way to get your name from being in the paper?

No. Though not many courts see the press present these days unless there is a case of particular interest.

are we ever able to see our statement again before going to court?

Yes. Ask the police. They will not give you a copy but may let you see the statement by appointment.

If your blood sample result is around three times the limit you can expect to receive a ban of about 24 months. You should also be prepared for something more than a fine. The starting point for an offence of that reading is a community order. Much will depend on the actual reading. You should be given the opportunity to take part in a "drink-drivers' rehabilitation course." This will cost you between £125 and £150. It lasts for sixteen hours spread over three days. If you pay for and complete the course your ban will be reduced by 25%.

Edited by Middleman on 25/09/2019 at 13:50

Bad descisions and caught - Help required! - Falkirk Bairn

Fine, depends on income - definite

Costs - definite

Ban 12-24 months - definite

Community service? Possible

The real sting in the tail - trying to get insurance in 12 -24 months time.

Bad descisions and caught - Help required! - gordonbennet

Be realistic, you are going to get hammered, and be wary of some lawyer telling you they can get your penalties reduced due to circs, i know someone who got the full weight of what the magistrates could offer and a 4 figure bill for nothing of any use at all for the lawyer who pretended to be surprised his charms hadn't swayed the court.

Pay your fine, do the community service, but mainly kick yourself every day for the next 18 months or two years whilst you struggle to get around, the punishments are meant to hurt so you don't come back again for a 5+ year ban and a spell in chokey.

I hate to tell you this but everyone will find out, these things get about and its going to be obvious because you're on shank's pony or a push bike or the bus, so it might be an idea to be up front about it, tell your friends what you've done so the gossips can enjoy the highlight of their utterly boring week, better coming from you than the nudge nudge grapevine.

Bad descisions and caught - Help required! - leaseman

Hi Lozzy.

You are not alone!

I wrote off my pride and joy, a Mark IV Cortina, in 1976, and was breathalised at the scene, taken to xxxx Police Station with no option to go and have my bleeding head attended to by medics. In court I pleaded guilty and submitted a letter outlining a reasoning behind the reading, and the arresting Policeman, a P.C. xxxx, based at xxxx Police Station , lied under oath at the court case to quash my case. I received a 15 month ban. And xxxx, if you want to contest this, I have a witness to testify against you!!!!

I was not represented and so he was not questioned.....mistake!!!! The lying swine is probably living on a generous pension now!! But should be put down! or worse.

Fortunately it was a Company Car, and my employers were satisfied with my explanation and gave me a new car 15 months later.

I've NEVER driven again after even 1 Pint of Ale.

Good Luck, but get a GOOD Lawyer to speak for you in court.

Edited by Avant on 26/09/2019 at 18:28

Bad descisions and caught - Help required! - Middleman

Unwise, I think, to accuse a named police officer of perjury on a public forum. You may not care but you should think of the site's owners.

Just for information, being unrepresented does not prevent a defendant from cross-examining prosecution witnesses.

Edited by Middleman on 25/09/2019 at 21:11

Bad descisions and caught - Help required! - Palcouk
Personally I read your post with sceptisim, sounds like a Politicians statement
Bad descisions and caught - Help required! - FP

"...I read your post with sceptisim..."

Which/whose post are you replying to?

Bad decisions and caught - Help required! - Avant

"Unwise, I think, to accuse a named police officer of perjury on a public forum."

Very unwise - many thanks, Middleman. It should be a matter of common sense not to do that, even if the event happened over 40 years ago.

Bad decisions and caught - Help required! - HGV ~ P Valentine

I drive a HGV so as you can imagine I am religious about drinking and driving, and for me if you intend to drive and be up to the standards set by professional drivers then you only drink when you know you are not going to drive for 24 hours, even if you are not legally over the limit. ( that chat is for another time )

www.gov.uk/drink-driving-penalties

You could be imprisoned, banned from driving and face a fine if you’re found guilty of drink-driving.

The actual penalty you get is up to the magistrates who hear your case, and depends on your offence.

You may be able to reduce your ban by taking a drink-drive rehabilitation scheme (DDRS) course if you’re banned from driving for 12 months or more. It’s up to the court to offer this.

Being in charge of a vehicle while above the legal limit or unfit through drink

You may get:

  • 3 months’ imprisonment
  • up to £2,500 fine
  • a possible driving ban

This was copied from the official gov website paste the link to read it yourself, I know of only 1 person who got done and they stopped him the morning after as he was caught speeding dong 32 in a 30 zone, anyway they breathalysed him found him to be over the limit, done the blood test and was found guilty.

he got a 4 year ban reduced to 3.5 years if he done the course. But when he finally got back on the road, he had to go on his wifes insurance, which was the real hit.

You can only hope the magistrate has not had a family member die from a drink driver, or has not been personally hurt from someone like you.

Bad decisions and caught - Help required! - gordonbennet

I drive a HGV so as you can imagine I am religious about drinking and driving, and for me if you intend to drive and be up to the standards set by professional drivers then you only drink when you know you are not going to drive for 24 hours, even if you are not legally over the limit. ( that chat is for another time )

Oh please, don't come the holier than thou perfect expert because you drive HGV's for a living, a vocation rapidly becoming discredited as it's dumbed down.

Hospitals/mortuaries are busy far too often handling the injuries/remains of the victims of those who call themselves professionals.

In just one recent incident almost a whole minibus full of people wiped out in a horrendous crash because the drunk bod attending the steering wheel of an artic had to stop for a stupor sleep, unfortunately the kip was on the inside lane (parked beside the open hard shoulder) of the M1 near Newport Pagnell in the early hours of the morning, and another artic rammed the now stationary minibus into said stopped artic.

It must be hellish for the emergency services to have to attend scenes like that and have to dig the crushed screaming injured out past the bodies of their now dead loved ones, the two HGV drivers involved in that episode are as far from professional drivers as one could imagine, a disgrace to the job, sadly they are not alone and those drivers out there who still try to perform the vocation well are all tarred by such events by the general public.

Edited by gordonbennet on 14/10/2019 at 08:27

Bad decisions and caught - Help required! - Stackman II

Many years ago I worked for a car transporter company, working in the traffic office in Yeovil.

The drivers were on really good money and all had only one marketable skill, they could drive a truck. It was always amazing to see how often we would have the Monday morning walk of shame where the driver would walk in to see the traffic manager to explain how he had been caught drink driving over the weekend.

Pretty much they would never work again in the industry. Some might get yard jobs but they wouldn't stick that for long and there were sad tales of what happened to these idiots as a consequence. All for the sake of a couple of pints on a Saturday night.

Bad decisions and caught - Help required! - gordonbennet

Many years ago I worked for a car transporter company, working in the traffic office in Yeovil.


We worked for the same outfit Stackman, though if many years ago it might have been under its original name AH, my time was under the big W.

You are undervaluing the skills of many of those drivers you describe if i may say so, thankfully in other well remunerated specialised parts of the industry those skills are recognised for what they are, and several of us have been welcomed with open arms into better jobs (with better and easier earned pay) as a result of those hard worked years, no drivers in the industry worked harder for their admittedly good pay than at the very company concerned.

No one with an ounce of sense in lorry world drinks and drives, that DR on the licence relegates you to the scrapings of the barrel and rightly so.

Edited by gordonbennet on 15/10/2019 at 14:40

Bad descisions and caught - Help required! - Graham & Law-Med
I’m not a criminal lawyer, however, I recall from my early days in practice that the key to the situation when you have been “pinned” is to focus on damage limitation. You are going to get banned, your best hope is to minimise the duration of that ban.

If you have a drink problem then take steps to get this documented in a report. Then a second report post rehab demonstrating your improvement and positive reaction to your condition. If you demonstrate that your dependence is broken the sentence is likely to be substantially lighter.

With regard to the publicity and the locals it’s unavoidable, but is tomorrow’s chip paper.

Good luck