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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My son was involved in a road rage incident, which caused an

Customer Question

My son was involved in a road rage incident, which caused an accident with another car, no one was hurt but he had had 4 pints of beer. He was over the limit with the breath test. He is awaiting the blood test result 6 weeks or so before that he was involved in a nightclub fracas, was taken to the police station but released as no one was hurt. When this comes to court could the night club case be brought up and considered in the sentance? He is worried that he might go to prison.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

What was the road rage?
Customer: replied 3 years ago.


I think it was as they were driving one overtook the other and then the other car indicated to turn left down a slip road, as he did so he swerved towards my Sons car, he swerved out and hit another car

Expert:  Jo C. replied 3 years ago.
have the police got evidence of the road rage?
Customer: replied 3 years ago.


He told them about it but they dont have the other driver

Expert:  Jo C. replied 3 years ago.
Ok. He needs to learn the merits of the no comment interview then!

Is he on bail for the nightclub incident?
Customer: replied 3 years ago.


No he was told the night club incident would go no further because no one was hurt. He has never been involved in this sort of thing before. He is nearly 40 years old and married with small children. They lost a baby about 18 months ago and he/they seems to be suffering terribly now. They didnt get much help after losing the baby and I wondered if counselling course would help with the anger which he says he has

Expert:  Jo C. replied 3 years ago.
Sorry, that makes no sense.

Are you sure he is not on police bail?

If this is a nightclub fight they would try to drop down under the public order act normally?
Customer: replied 3 years ago.


He is on ploice bail for the driving offence. He said when he rang the police the next day after the night club incident, nothing else would happen as no one was hurt.

Expert:  Jo C. replied 3 years ago.
Never look a gift horse in the mouth! Thats an amazing deal.

In any event, If the night club incident was formally NFAed then the Court that sentences him for the drink driving may get the NFA information upon his PNC. Not all prosecution authorities do that but some do. They shouldn't take it into account though as its not a conviction or caution and isn't really a relevant offence.

I'm afraid though the drink driving is the bigger problem here. The fact that there has been an accident is an aggravating feature even if its a collision only accident. They are not going to look kindly upon the fact that he got involved in a road rage whilst in drink either I'm afraid.

For future reference though, there are two basic lessons upon arrest. The first is to always have the solicitor you are offered. The second is to never make admissions at the police station save for very limited exceptions that the solicitor that you always have will tell you about.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.

Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you, XXXXX XXXXX you were the judge giving the sentence what would it be please? I know this is for info only and can not be compared with what will happen.

Expert:  Jo C. replied 3 years ago.
What was his reading?

Happy to look at this but please rate my answer.
Customer: replied 3 years ago.


Can I send the reading when he knows it this week please

Expert:  Jo C. replied 3 years ago.
Yes, no problem.

He should have been told the roadside reading though?
Customer: replied 3 years ago.

He wasnt told the reading at the time, he went back the next day to get the reading and was told the PC that dealt with it wasnt back until the following Thursday but was told to go back this week for the blood test result. He doesnt have the roadside reading.

Expert:  Jo C. replied 3 years ago.
Ok.

Come back when you know and I'll tell you what he is facing.

I will need to know the reading as it denotes the sentencing bracket.
Customer: replied 3 years ago.

Thank you very much

Expert:  Jo C. replied 3 years ago.
No problem.

All the best.
Customer: replied 3 years ago.


Hi


 


He was just over twice the limit and I am sure that he said the reading was 80.

Expert:  Jo C. replied 3 years ago.
If this is 80 in breath then he is facing a fine and a ban of between 17-22 months

I would brace yourself for a higher ban though given the accident.

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