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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience:  Over 5 years in practice
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I've been charged with drink driving second time and lied in

Resolved Question:

I've been charged with drink driving for a second time and lied in my statement saying it wasn't me and the car had been stolen. I want to tell the truth that it was me. Is this the right or wrong thing to do? Thanks
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

To whom did you make this statement?

Customer: replied 7 months ago.
The police in the interview
Customer: replied 7 months ago.
The full story is...
I lost my keys then went to a bbq, later on at 11pm I was walking home drunk. I saw someone drive past in my car and hit the skip. I ran up to the car and they had ran off. I looked around for the keys and couldn't find them. So got out of the car and started to walk home. At the top of the road the police got me and arrested me
Customer: replied 7 months ago.
That's what I've told the police
Customer: replied 7 months ago.
The truth is, I was driving it and crashed it
Customer: replied 7 months ago.
I don't have much recollection of this and think I may have been spiked by something
Customer: replied 7 months ago.
Also I blew 104 on the breath test
Customer: replied 7 months ago.
At the station
Customer: replied 7 months ago.
I didn't get a test in the car
Customer: replied 7 months ago.
I'm eating myself alive here wishing I had told the truth
Expert:  Jo C. replied 7 months ago.

You are certainly not the first defendant to have lied in interview.

In principle it is perverting the course of justice but they are not going to charge that. If they prosecuted everybody who lied in interview they would have no resources to do anything at all. That might even mean they do not have the resources to spend taxpayer's money investigating false allegations of sexual abuse which would be a huge tragedy.

Just plead guilty at court.

Can I clarify anything for you?

Jo

Customer: replied 7 months ago.
don't you think it will be beneficial to ring up the station and ask to change my statement and tell them I was driving?
Customer: replied 7 months ago.
Also what do you think the likely punishment for this is?
Expert:  Jo C. replied 7 months ago.

No, there is no point in that.

What was your reading?

Customer: replied 7 months ago.
My reading was 104 in breath and I've been banned before 6 years ago. Surely they will be more lenient if I admit it before I go to court?
Customer: replied 7 months ago.
Also will they offer me a drink driving course again or not?
Expert:  Jo C. replied 7 months ago.

No, as I have explained it will make no difference.

Customer: replied 7 months ago.
what ban do you think I will get?
Expert:  Jo C. replied 7 months ago.

If you have had a drink driving course before then they will not grant another.

For 104 it would not be appropriate anyway really I'm afraid.

Expert:  Jo C. replied 7 months ago.

When was your last incident?

Customer: replied 7 months ago.
It was 6 years ago.
Customer: replied 7 months ago.
have had a clean record since
Customer: replied 7 months ago.
What do you think I'll get? Any chance of prison?
Expert:  Jo C. replied 7 months ago.

if this is 106 in breath and there was another relevant conviction in the last ten years then you are facing either 36 months to 52 months ban.

Customer: replied 7 months ago.
Ok, so no chance of prison?
Expert:  Jo C. replied 7 months ago.

Oh yes, there is a chance of custody.

This is a high reading and a second offence in ten years.

You just asked about the disqualification period above.

Customer: replied 7 months ago.
Is it likely ? And if I plea guilty straight away what will that do?
Expert:  Jo C. replied 7 months ago.

It depends really. It is a high reading and there was a collision. You would probably narrowly avoid it.

Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
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Customer: replied 7 months ago.
Ok thabks

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