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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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I left the road 'comfort break' in a field which turned

Resolved Question:

I left the road 'comfort break' in a field which turned out to be a swamp. My car, a Range Rover sank up to its axles and was immobilised. I called my wife to collect me but in the meantime a walker who saw me leave the road called the police. The Police officer arrived and breathalysed me. I blew 98 which is well over the limit. I was arrested and spent the night in the cells. My car was recovered two days later after the snow had melted, it took two recovery trucks 2hours to retrieve the vehicle. I was 'in charge ' of the vehicle but there was no prospect that I could drive it out of the swamp and continue my journey.I was not on a road or public place when I was breathalysed. This all happened after 1800hrs on 19 Jan 2015. It was dark and the weather was poor at 1200 ft. Altitude .
Do I have any defence?
Regards,
Mike Dickinson
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
Didn't the caller see you leave the vehicle ?
Customer: replied 2 years ago.
I only left the vehicle when the police arrived. I have not seen a witness report but it was dark and there has been no identification procedure with the witness.
Expert:  Jo C. replied 2 years ago.
No, I would imagine that is because the police identified you at scene and the witness gave evidence that he saw you leave the car.
Clearly you could not have intended to drive this vehicle because of its condition. I suppose that they could argue that you may have intended to steer the vehicle while it was towed or something similar to that but if your wife was collecting you then you could rely on that.
This does, of course, rely upon the position not being that the witness saw you drive and leave the vehicle.
But you will find the legislation here
http://www.legislation.gov.uk/ukpga/1988/52/section/5
and proving there was no intention of driving does give you a defence.
Can I clairfy anything ?
Jo
Customer: replied 2 years ago.
Thanks, ***** ***** or less got to this myself. I never left the vehicle until the police arrived, I haven't seen the witness statement yet, if indeed there is one.
Regards,
Mike
Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Ash replied 2 years ago.
my name is ***** ***** I will help you with this.
please let me know what else is it you would like to know?
Alex
Expert:  Jo C. replied 2 years ago.

Can I help further?
Customer: replied 2 years ago.
Do you mean 'left the road' rather than 'left the car' I remained in the car until the police arrived.
Expert:  Jo C. replied 2 years ago.
You said above that you got out comfort break.
Customer: replied 2 years ago.
Yes, after I stopped in the swamp.
Expert:  Jo C. replied 2 years ago.
The problem with this is that the witness might well be saying that he saw you exit the vehicle which would prove that you were driving or at least in control.
Customer: replied 2 years ago.
It was dark, 1815hrs and I was about 100 yards into the field from the road.I doubt if the walker could identify me as the driver of the car which turned into the field from the road. As I propose to plead guilty to 'in charge'at the court hearing, next Monday, I assume the CPS will not have made any arrangements witness to be in court.
Thanks help.
Expert:  Jo C. replied 2 years ago.
No, they won't have called the witness first appearance either way.
I would be surprised really if they have called him at all since you were found in the car.
Customer: replied 2 years ago.
OK, Thanks, ***** ***** we can sign off now.
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. information, please start your question with ‘ C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience: Over 5 years in practice
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