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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I was caught asleep behind the wheel of my car intoxicated

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i was caught asleep behind the wheel of my car intoxicated the only thing is i had gone to bed and may possibly been sleep walking I have also been on serious pain medication and just had surgery in the hospital, I informed the guards of all of this and they are awaiting my urine results, is there anyway I can get a formal warning for what I can only describe as complete and utter out of character behaviour?
Ash
Hello my name is ***** ***** I will help you.
Do you mean caught by the Police? What have you been charged with please?
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Customer: replied 2 years ago.
yes a guard found me asleep behind the wheel of my car and took me into the station
What have you been charged with exactly?
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Customer: replied 2 years ago.
i guess it is intoxication while behind the wheel of a car
I need to know the exact charge please. Is this an employment or criminal question?
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Customer: replied 2 years ago.
It would fall under the drink driving act, first time offence for me ever not employment
Do you know what the exact charge is? What was the reading? Did you have the car keys?
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Customer: replied 2 years ago.
Yes keys were in the ignition this only happened wednesday evening and they are awaiting my urine reading before an exact charge I think, I really do not know what to do I am out of my mind for the first time in my life I feel suicidal with the shame of what has happened and what could have happened
Has this happened before, is it documented if it is? Have you been to the GP with sleep walking?
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Customer: replied 2 years ago.
No this has never ever happened before, I only sleep walk if I am stressed out of my head, and I was over my pending hospital surgery and just got news that day of my best friend diagnosed with ovarian cancer, i didn't go to my GP because it doesn't happen very often usually when my post traumatic stress resurfaces which it does as the surgery i had is ongoing due to my ex nearly killing me drunk so everyday I live with this what I am saying is this is totally out of character and by no means am I making excuses or trying to excuse my behavious but I really do not know what to do, does the officer in charge take all this into consideration? Or am I completely done for?
Customer: replied 2 years ago.
are you there?
Customer: replied 2 years ago.
Dear Alex
I was just wondering are you still looking after me online? I am really sorry to hassle you. Claire
Unless you have any evidence you were sleep walking I am sorry to say you are likely to be charged. If you were not actually driving its likely to be an 'in charge' offence which means 10 points or disqualification, rather than drink driving which is mandatory disqualification.
It wont be a warning I am sorry to say. If you were sleep walking there will need to be some evidence, but the fact you got the keys, this has never happened before would make this very difficult.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
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Customer: replied 2 years ago.
what does an i?n charge offence mean?
There are 2:
1) Drunk in charge of vehicle
2) Drunk whilst driving
You were caught behind the wheel, I assume not driving, so it would be the first one.
Does that clarify?
Alex
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Customer: replied 2 years ago.
yes thank you very much, i guess i have to wait for my urine before anything else do I? I am in ireland Alex
Indeed you have to wait. The law is NI is the same.
Can I clarify anything else for you?
Alex
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Customer: replied 2 years ago.
how long does a urine test take? do the police contact me or what happens next?
The Police will contact you. The time it takes depends on how much work the Lab has to check it.
Does that clarify?
Alex
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Customer: replied 2 years ago.
Is there anyway i can avoid court ? or is this the norm? my friends granny 83 was done for drink driving and sent a letter and fine in the post how does that happen?
Its very very very unlikely to happen. A lot will depend on your reading from the lab. If its marginal you may be offered a caution.
Alex
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Customer: replied 2 years ago.
I also told the police I had quite a number of painkillers in me that day will that also show up? The lady guard said to me well please god let them show up, I found the guards to be so sympathetic and understanding and very sorry for me, Is there a good chance of me being cautioned ?as there is no way in hell of reoffending this so out of character for me especially since i was nearly killed myself by a drunk driver and I always always am the one to take keys off friends organise taxis, do not ever drive until well after lunchtime after a night out at the weekend which is very rare, I also do not drink a huge amount of alcohol as I look after people, cook meals and mind my friends kids when needed for school runs etc.
Yes it will show everything you took. You will only be cautioned if your reading was slightly above the legal limit.
It makes no difference whether or not you look after people or not, or whether you would commit this again - its all down to the reading and how high or low it is.
Alex
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Customer: replied 2 years ago.
hi alex
i do apologise for not rating you yet, I have since had a serious nervous breakdown and feelings of suicide so i went to my gp, is there anyway at all i can plead a caution it does happen when I research this, they did not charge me in the station they cautioned me please can you advise me I mean there are really serious circumstances in my favour too without sounding arrogant i am not and the guilt of all this is too much to cope with
claire