Pleading not guilty to drink driving

Benzanna

Hi,
I'm hoping I can please get some advice.

A month ago my ex drove to my house extremely drunk. He then tried to smash through my front door (but didn't succeed)

I called the police. By the time they arrived he'd stopped smashing his fists into my door and windows and was sitting in his car.

He was arrested. The next day he was charged with drink driving. I was informed he plead guilty. Although when first arrested he said he hadn't driven but started drinking after he arrived.

I was told he was well over the limit. I was also told his legal aid solicitor advised him to not give a statement.

The court hearing was today and I found out that he changed his plea to not guilty.

I was originally asked for a statement at the time it all happened, but said I wasn't sure. After thinking about it 2 days later I rang and said I wanted to give a statement.
I was then told I didn't need to as he plead guilty.

Now I know he's changed his plea, I've asked again to give a statement and I'm waiting to hear from the police to see if this is possible.

I believe he's pleading not guilty to get a lesser charge for just sitting in his car drunk.

Does anyone have any experience with this sort of thing?

I don't want him to continue drink driving and hurt himself or someone else...

I'd really appreciate your thoughts/advice

Thanks

George333

Did you actually see him drive?

motorguy

Just because he has pleaded not guilty doesnt mean that he will get away with it.

If the police have the evidence - which it sounds like they have - then he'll be found guilty as charged.

DUTR

motorguy wrote: »

Just because he has pleaded not guilty doesnt mean that he will get away with it.

If the police have the evidence - which it sounds like they have - then he'll be found guilty as charged.

I'd guess the charge will be being in charge of the vehicle , which the punishment is still similar.

Benzanna

George333 - yes I saw him drive up to the house

George333

Benzanna wrote: »

George333 - yes I saw him drive up to the house

And can you say for sure he didn't drink anything before the police arrived?

Benzanna

George333 wrote: »

And can you say for sure he didn't drink anything before the police arrived?

I ended up locking myself in the bathroom as I was scared he'd get inside.
When it went quiet I came out and saw him sitting in his car. I was watching from the upstairs window. He didn't drink, he was on his phone.

George333

So you can't say what happened when you were in the bathroom. You're an ex with an axe to grind and it suits you for him to be disqualified from driving.

I'm not giving you a hard time but that's what to expect if it goes to trial.

TooManyPoints

I'd guess the charge will be being in charge of the vehicle , which the punishment is still similar.

Not that similar. The lesser offence does not carry a mandatory disqualification.

To secure a conviction the prosecution has to prove that he was driving a vehicle and that he was over the prescribed limit when he did so.

You cannot say that he was over the prescribed limit when he arrived at your house. You can only say that he appeared, to you, intoxicated. You also cannot say for sure that he drunk nothing whilst he was in your house. Without any other evidence I imagine it will be hard to secure a conviction for driving whilst over the limit. The lesser charge may be easier to secure. You will have to leave it to the police and CPS to decide a way forward.

Benzanna

George333 wrote: »

So you can't say what happened when you were in the bathroom. You're an ex with an axe to grind and it suits you for him to be disqualified from driving.

I'm not giving you a hard time but that's what to expect if it goes to trial.

It's not me prosecuting, it's the police. As yet I haven't given a statement. They will have the 999 call as evidence though I should think. He could be easily heard.

George333

Benzanna wrote: »

It's not me prosecuting, it's the police. As yet I haven't given a statement. They will have the 999 call as evidence though I should think. He could be easily heard.

I know it's not you prosecuting, so what does the 999 call prove?

He was there. No more no less.

Without your evidence and you won't be in for an easy ride he may well get off with it.