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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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A member of our family has made a huge mistake. Returned from

Customer Question

A member of our family has made a huge mistake. Returned from a big night out with friends jumped in his car to go to a garage five minutes a way to buy cigarettes. Garage was shut and two minutes from home skidded on a roundabout and wrote his car off.
Good news, no other car or person involved and only a few minutes from home.
Bad news, as he got out of the car an ambulance pulled up. They called the police and a road side breath test was positive.
Ambulance men concerned as blood pressure very high and he went to hospital. Blood test taken and results in 6-8 weeks time.
Not arrested and no identification checked; the Police were even kind enough to take him home. He complied with every request all evening.
Breath test about one hour from last drink and blood test two hours later.
He is 22 and has been driving for four years with no accidents or convictions and therefore had four years no claims.
I know he will get a ban but I am terrified if the reading was really high that the consequences could be worse and he will go to prison.
He has a fantastic career and his employer his standing by him so far.
What do we do please other than plead guilty and hope for the best?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

I'm not sure what your question is? Obviously there are no magic wands that will make this go away sadly.
Customer: replied 2 years ago.

I need a view regarding Police procedure, anything we/he should consider doing now in preparation for the result and an idea of the consequences for someone well over the limit who is a first time offender at anything.

Expert:  Jo C. replied 2 years ago.
What was his breath reading please?
Customer: replied 2 years ago.

I am sorry he doesn't know and wasn't told.

Expert:  Jo C. replied 2 years ago.
I'm really sorry but I won't be able to tell you what he is facing unless we know the reading. Its the central point in the sentencing exercise.

He would have been told his road side breath reading.
Customer: replied 2 years ago.

Okay, if you can't give me help on that please describe what procedure the Police should have followed and what mitigating circumstances may be taken into account by the court.


 


Let's also take a guess, and it is a guess, that he drank 10 pints of lager. Unfortunately he doesn't remember how much he drank and doesn't know the breath test reading.

Expert:  Jo C. replied 2 years ago.
Procedure in relation to what?

Do you mean taking the sample?

Can you ask a specific question? There are literally volumes of books written on police procedure. Its not possible to summarise it all here.

There's no way I can tell you what sentence he is facing without the reading I'm afraid. Its just impossible. The amount that he drank will not assist although obviously 10 pints points to a high reading but its not conclusive.
Expert:  Nicola-mod replied 2 years ago.

Hello,

Just a quick reminder, there is an information request here from the Expert. This means they need to know more details before they will be able to give you a full answer.

Thank you,
Nicola

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