How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71043
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I drove my car, returned home, had several drinks as we were

This answer was rated:

I drove my car, returned home, had several drinks as we were having a party that evening. Within about 45 minutes an officer arrived at my home and said that my car had been seen on the road and someone reported they suspected I had been drinking. I was not given a preliminary breath test at my home but was arrested and taken to the police station where I was then breath tested it measured 138. I was then detained overnight without charge and missed my son's 18th birthday party. I have never had as much as a parking ticket or speeding fine and have full no claims bonus. I have never been in a police station or been arrested for anything. I am claustrophobic and was so shocked I suffered a major panic attack and had to be hospitalised. I was realised on bail without charge but have to return next week to make a statement. I feel I have been wrongly arrested and detained unnecessarily what is your view?

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Sorry for the delay overnight.

Sorry if I'm missing the point but Whats the appeal issue? You seem to accept the offence.
Customer: replied 4 years ago.

I don't accept the offence ! I was drinking at home after I had driven my car not before !

Yes, but there's enough evidence to arrest?

Whats the wrongful arrest issue?
Customer: replied 4 years ago.

What is the evidence - it not against the law to buy alcohol and then go home and drink it - what further info do you need?


There is enough evidence to arrest here I'm afraid.

They received a report from somebody that you were suspected of drinking and driving, they had evidence that you were driving and when they found you the breath test was failed. They had more than enough evidence to arrest and probably enough to charge.

The reason that they have bailed you is probaby that they are doing a BAC calculation to see the rate of alcohol in your blood stream at the time of driving.

This isn't a wrongful arrest. There was more than enough evidence.

Whether or not you will be charged depends on the results of the BAC calcaltion. There was a substantial delay between the sighting and the arrest which is always helpful.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Jo C. and other Law Specialists are ready to help you
Customer: replied 4 years ago.

This means that I could report anyone I have seen buying alcohol and then say that I thought they may have been drinking even though I am not an expert and may just have a grudge against them? Also why was I detained overnight ? When I pleaded with them to release me into my husband's custody so that I could attend my son's 18th birthday? Also in the whole time I was there I was given one small meal and had to request water. I also ended up in hospital with chest pains due to a panic attack as I suffer from claustrphobia and anxiety for which I take medication which could also affect how my body absorbs alohol. I also had not eaten that day and was just about to make lunch when they arrived.

Yes, but if you did it falsely that would be perverting the course of justice and people go to prison for that.

It might well be that this allegation is incorrect but thats not a ground for a claim for wrongful dismissal. On that basis everybody who is arrested and not convicted at court could sue.

You were detained overnight because you were under the influence of alcohol and could not be interviewed under PACE.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’