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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience:  Over 5 years in practice
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Hi I was arrested for drink driving at my home yesterday

Resolved Question:

Hi
I was arrested for drink driving at my home yesterday around 4.15pm
However I had been home for 40 minutes before the police knocked on the door. I refused to take a breath test as I had a couple of whiskies within that time and thought this would be used against me. when I arrived at the police station around 4.35 pm I refused again to give a test. They put me in a cell and charged me and released me on bail 3.5 hours later.

Can somebody let me know what to expect in court. I have not been convicted within the last 10 years for any drink driving related offence.

I rely on my vehicle for work also.

Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

I presume you are charged with failing to provide ?
Customer: replied 3 years ago.
Hi Jo
Yes that's correct, also drink driving, which they have said thiswas on a road around the corner from my house which is the road where the petrol station is on where I bought a bottle of jack Daniels from to take home which I did and started to drink before they knocked on the door. Hence the reason for not taking a breath test.
Expert:  Jo C. replied 3 years ago.
You cannot be charged with both.

Either you did provide or you didn't.

Do you have your charge sheet there?
Customer: replied 3 years ago.

Yes it reads,
Charge 1 fail to provide specimen for analysis
Charge 2 drive whilst unfit through drink

I was arrested at home 40 minutes later

I have not been interviewed either
Expert:  Jo C. replied 3 years ago.
They are probably going to have to drop the 2nd charge because they don't seem to have a reading from you so can't prove that you were over the limit.

However, there is no way around the fact that you did not provide. You will have to plead guilty to that charge I'm afraid.

In terms of what will happen at court that depends upon the facts of the offence. It falls probably either into the 1st or 2nd bracket.

If you are saying that you thought that you didn't have to provide because they had no evidence that you were driving then the Crown may accept that that amounts to and honestly held but I'm reasonable excuse. That would attract a fine of up to £1000 and a ban of between 12 to 16 months.

If that explanation is not accepted then they will probably see that this amounts to a deliberate refusal and that would lead to a starting point of a low-level community order and a range of a fine of up to £1000 to a high-level community order. Also there will be a ban of between 17 to 28 months.

You can shave off one quarter of the ban period by doing the drink-driving course.

Do not drive to court. Even if you plead not guilty and the matter is adjourned the trial you will still be placed upon interim ban and be unable to drive home.

Also there will be costs of either £85 if you plead at 1st appearance or between £300 and £600 if you lose after trial. There will also be a victim surcharge of roughly 10% of the fine.

I'm very sorry but I can only give you truthful information.

Hope this helps. Please let me know if you need any more information.

Jo
Customer: replied 3 years ago.

What evidence can they have to charge me with drink driving at my home and surely the fact that I was at home having a drink prior to them knocking at my door explains the reason I diidnt want to take the breath test in the first place?
I have a witness who was at my house to prove I had a drink at home
And I have 4 witnesses to me buying the whiskey from the garage and going home.
Surely there is a defence there?
Expert:  Jo C. replied 3 years ago.
They are probably going to have to drop the 2nd charge because they don't seem to have a reading from you so can't prove that you were over the limit.

However, there is no way around the fact that you did not provide. You will have to plead guilty to that charge I'm afraid.

They do not need to prove that you were driving to support the failing to provide. All they need to show is that you failed to provide.

The truth is that it would have been better to provide here. Then they would not have had a case against you in failing to provide and you could have put them to prove on the drink driving because of the delay.

But you didn't provide so will have to plead.
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience: Over 5 years in practice
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