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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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Recently i was stopped drink driving offence and i gave

Resolved Question:

Recently i was stopped for a drink driving offence and i gave a blood sample which came back as positive, I am now waiting on a summons which should be here in approx 4-6weeks. The problem i have is that i have booked a trip to the far east and willl be leaving on the 27th Sept and will not be returning until April 2016. If the summons does not arrive by the time i am due to leave can i delay the proceedings until my return
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you are not on bail rather than a summons?
Customer: replied 2 years ago.

I do not know. What i do know that is that i was involved in accident and i was knocked unconcious and was taken to hospital where a blood sample was take from me while unconcious. About a week after the accident i attended the police station and gave them permission to analise my blood which has been returned positive. I have never been aressted or formally charged , i was just informed by police of results of blood test and told that a summons would follow in approx 4-6 weeks. I told the police that i would be leaving the country on 27th Sept. I have not received summos to date so can i go ahead with my trip and if the summos arrives after the 27th can i deal with it through e-mail or by post. Can i defer court appearance until i return

Customer: replied 2 years ago.

Would i be comitting an offense if i leave the country if i have not received summons and have never been aressted or charged

Customer: replied 2 years ago.

Jo i am still awaitng your replies

Expert:  Jo C. replied 2 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of the list.
I'm not sure I can give you any good news.
They will accommodate a pre booked holiday but they are not going to accommodate nearly six months I'm afraid.
There is case law ot the effect that a person should keep tabs on their post in the UK even while abroad.
If you are on a summons not on bail then you can plead by post and be sentenced in absence although obviously you lose the right to mitigate but then in drink driving cases it makes very little difference anyway.
If you are summons then you do not commit an offence in going abroad. In fairness, you don't on bail either unless there are conditions not to leave the country or of residence but you do if you fail to attend court. I suppose in principle it could be a contempt of court to fail to answer a summons but it is not prosecuted.
The only way to deal with it is to instruct a solicitor to answer the summons for you but that will cost.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Can i plead by post then as my son could e-mail me summons and i can respond that way whilst abroad

Expert:  Jo C. replied 2 years ago.
Yes, you can do that if you are on a summons.
Customer: replied 2 years ago.

One more question Jo can it be done by e-mail

Expert:  Jo C. replied 2 years ago.
No, not usually. In fact, I wouldn't rely on Magistrates Courts to check their email. Crown Courts are better generally.
I would use conventional post and send it recorded delivery so they can't deny receipt.
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