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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70519
Experience:  Over 5 years in practice
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I am citizens advice ex advisor.A polish medically disabled

Customer Question

I am citizens advice ex advisor.A polish medically disabled polish man with Little English language has been hand cuffed and arrested for over the limit driving.A very interesting case and I am a councillor and on my way to Law.
I want to help this man as the case study is really special with a plea of guilt as charged.The MG4 forms have not been signed but the breath print out has been signed.A very stress man of 55 who lives alone and needs his lic for monthly hospital apts.A1 diabetic with loss of some toes and leg weakness. Does not know of the DLA help.confirmation of doctor ie..high blood pressure and very easily stressed as this is a first offence.His carer is polish who lives 10 mins away who had been calling him some 8 times to check so after he a a few whiskey sand at 10 .10 pm he thought he would drive the short distance to ease her mind.police car parked on side of road in a quiet street followed to the carers parking space and followed him to door and stopped him and did a breath test.A big gentleman was then handcuffed and taken to Swansea police station.He gave police permission to go to his home for insulin.He was given biscuits and cofee to prevent hypo.Realeased 4 hrs later.Help
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.

What would you like to know about this please?
Customer: replied 3 years ago.
What if the MG4 has not been signed
Expert:  Jo C. replied 3 years ago.
Its a non issue.

It just means the charge sheet hasn't been signed but since there is no dispute that he was charged and that he was the man at the police station, it makes no difference. If this was a charge sheet read in police custody then most custody suites are on CCTV now with video and audio recording so they can prove it easily enough.

The trouble with making them prove points like this is that its doomed to fail and it will annoy the court so when they do prove it he will face a large costs order.

Can I clarify anything for you?


Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Can he get a lesser sentence on his medical needs.tks
Expert:  Jo C. replied 3 years ago.
No. Its not a mitigating factor to the charge of drink driving.

You also need to be careful with raising medical issues because the DVLA will revoke driving licences if there are medical problems of a sufficient nature to render him a risk on the road.

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