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I was never tested, medically anyway. I was given an impairment test, which I passed, and also had my eyes judged. (The outcome of this was "9" stating I was under the influence of something. I do plan on pleading guilty because I am aware it is illegal to drive whilst any cannabis is in your system at all, however I don't agree that I was "unfit to drive" as I hadn't touched cannabis for more than 2 hours before, and only a very small amount.
If I was to argue that I believed myself to be in a fit state to drive, what, in your opinion, are my chances of the charge being dropped due to this defence? Given that I passed an impairment test, less than 45 minutes after my arrest I might add, is the result of my eyes enough to convict me of this? I don't believe it should be enough however I am aware that it is my word against the 2 officers who arrested me. And, especially where I am located, the word of officers is taken almost as gospel in court.
Just as a final question, before I rate your service as excellent, if in the report I have been given to fill out and send to the Prosecutor Fiscal I attach a letter stating my concerns about raising a defence, will this void my guilty plea? Or will this only happen if I bring up it up when I appear in court?
Also, if I do send a letter to the PF, can I expect a reply? Given my court date is not until 11th of April. Is it possible to make personal telephone contact with the PF? I would assume not?
So, am I correct in thinking that I can plead guilty, purely on the premise that I believe my case to be unwinnable? However this raises the point to me that, will I not be questioned as to why I believe my case to be unwinnable? Therefor raising a defence and voiding my guilty plea?
So in my plea, shall I state, in writing, that I believe my case to be unwinnable? And I will not be asked to comment on this while in mitigation?
Therefor it is not in my best interest to deem my case unwinnable??
Just to summarise and make sure my understanding is absolute. If I was to say on my report that I plead guilty, and in the reason section I was to state that I believe my case to be unwinnable, will this portray a view of innocence but responsibility for my actions? Because I do believe it important to make some reference to the fact I believe I am innocent in a way. As I don’t believe it would be right for me to roll over and accept a larger punishment than I am due. I am willing to state in court that I believe my case is unwinnable due to the fact I have no evidence to prove my innocence. But will this fall into the category of having a defence and voiding my guilty plea? I am willing to take responsibility for my actions but what I am very tentative about doing is not mentioning at all that I think I was alright to be driving. If I say I believe I am innocent in regards XXXXX XXXXX unfit to drive, but I cannot prove this and am therefor willing to take my punishment, will this help or hinder me in court? Because I feel very strongly that it is unfair if I am not allowed to state my innocence without having my guilty plea up turned. If I state I can’t prove my innocence but I do believe myself to be innocent. Will this see my guilty plea changed to not guilty?
Am I likely to lose my Driver's licence?