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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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the police knock on door last night & arrested me /drive

Resolved Question:

Hi the police knock on door last night & arrested me for drink/drive i told them i had not gone out they are saying that someone reported me driving my car & that the engine was warm i told them the last time i used the car was about mid day but i forgot to tell them that before i started drinking i had moved my car from the street to my car parking bay i am also charged with not giving a speciman i have 2 wholes 1 in my hand 1 in my arm so they must of taken something from me which i have taken photos of these wholes on my charge sheet they have put the address down 120 rectory lane i live at 130 where they came to arrest me how do i stand with that they did not give me a breath test either
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Had they ever asked for a breath sample please?

Customer:

no

Alex Watts :

Why would the car still be warm from moving it in the day>?

Customer:

i moved the car about 5:30 i think they arrived about 9pm i think

Alex Watts :

Ok, so you didnt drink whilst driving and didnt refuse to supply a sample?

Customer:

they are say that i refused to give a sample but i can't remember much about the Hospital

Alex Watts :

Ok. If you deny that you refused then you plead not guilty to both.

Alex Watts :

The Court will list the matter down for a hearing and the Police will have to prove to the Court beyond doubt that you did move the car whilst drunk and refused to give samples.

Alex Watts :

If the Police can not prove this then you are found not guilty.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

what about the wrong address on the charge sheet

Alex Watts :

That can just be amended at Couirt.

Alex Watts :

That does not void the whole proceedings

Customer:

but when they read out my charge andrew macdonald of 120 rectory lane

Customer:

can i not plea not guilty

Alex Watts :

Yes

Alex Watts :

If you did not do it

Customer:

i did not do it and i don't live at 120 rectory lane

Alex Watts :

Yes, the prosecution can just amend tha

Alex Watts :

that

Alex Watts :

If you did not do it plead not guilty and there will be a trial

Customer:

but that just leave them to change a whole manor of things that will suit them

Alex Watts :

No. You are the same person.

Alex Watts :

They will just change the address, nothing else

Customer:

i thought the charge sheet had to be word perfect on the top it is saying restricted when complete

Alex Watts :

No.

Alex Watts :

It can be amended.

Alex Watts :

So if the name is ***** ***** the wrong address then it can all be amended.

Alex Watts :

It happens all the time.

Alex Watts :

I am sorry

Alex Watts :

Can I clarify anything else for you/

Customer:

no thanks thank you

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