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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience:  Over 5 years in practice
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I crashed my car on 23rd April 2016. I wad breathalysed at

Resolved Question:

I crashed my car on 23rd April 2016. I wad breathalysed at the roadside while being treated by paramedics and still trapped in the car. I blew over the limit. I subsequently was taken to hospital where a doctor was called out by the police, after several attempts to draw blood from my arm ignoring my protests that I have a fear of needs because of a sensory issue caused by my Autism the police finally decided to collect a urine sample instead. I was not charged with any offence of that day.
Some weeks later the police requested I came for a voluntary interview. After a conversation with my solicitor, she advised me to decline the interview as she could see no evidential purpose to the interview. Following her advice I was promptly threatened with arrest and being taken into custody. So my solicitor advised I give a "no comment" interview which I proceeded to do.
The date now is 17th September 2016.
I have heard nothing from the police, court or CPS.
Does anyone know where I stand? Or does anyone have advice on something I can proactively do to help myself?
Thank you in advance.
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.
How can I help with this please?
Expert:  Jo C. replied 4 months ago.
Are you asking if you will be charged?
Customer: replied 4 months ago.
I missed out one piece of info in my question. After the no comment interview the police officer presented me with a section 172a notice and compelled me to sign it comfirming I had been driving the vehicle. What I want to know is why I have not yet been formally charged and summoned to court. I haven't driven a car since, and would have nearly served half of a driving ban by now. How long do I have to wait before I could claim abuse of process?
Expert:  Jo C. replied 4 months ago.

On what basis?

Customer: replied 4 months ago.
On the basis that it's taken so long, and I would have had the opportunity to serve a large proportion of my sentence or all of it by the time I'm summoned to court.
Expert:  Jo C. replied 4 months ago.

I'm really sorry but you are wasting your time and your money.

There is a whole host of case law covering delay and delays of 30 years have been held to be acceptable.This is just not unusual delay and certainly not an abuse of process.

Expert:  Jo C. replied 4 months ago.

Whether or not they are out of time per se is another matter. i would need to know more about what has happened in the meantime.

Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience: Over 5 years in practice
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