Pleading not guilty to drink driving

TooManyPoints

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

Even with your evidence, based on what you've told us they have no evidence that he was driving whilst he was over the limit. The only possibility they might have to counter what is essentially a "hip flask defence" is to get expert testimony to perform "count back" calculations based on the difference between his roadside breath test results and the evidential specimen results taken at the nick.

As I said, you'll have to leave it to the police/CPS.

George333

TooManyPoints wrote: »

Even with your evidence, based on what you've told us they have no evidence that he was driving whilst he was over the limit. The only possibility they might have to counter what is essentially a "hip flask defence" is to get expert testimony to perform "count back" calculations based on the difference between his roadside breath test results and the evidential specimen results taken at the nick.

As I said, you'll have to leave it to the police/CPS.

Given the significant statement maybe the time to develop that defence was during interview.

waamo

TooManyPoints wrote: »

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.

Are you sure he has to be driving? Can they not prosecute for being drunk in charge of the vehicle?

AdrianC

The legislation is very clear. Driving, attempting to drive, being in charge of a vehicle - all offences. The only defence is if it can be proven there was no likelihood of driving the vehicle.
http://www.legislation.gov.uk/ukpga/1988/52/section/5

Sentencing guidelines differentiate between driving/attempting to drive and simply being in charge.
Driving/attempting -
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/excess-alcohol-driveattempt-to-drive-revised-2017/

Excess alcohol while in charge - https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/excess-alcohol-in-charge-revised-2017/

It's unlikely he'll get away without a ban, and if he does it's going to be a minimum of 10pts for merely in charge.

From the OP's description, he's got no hope of getting off, and I think he's going to have to go some to talk his way out of a ban. The magistrate really won't appreciate his attempts...

DUTR

Benzanna wrote: »

George333 - yes I saw him drive up to the house

He probably returned for his bike which you are holding.
Is this really about him drunk or the on going domestic battle?

George333

AdrianC wrote: »

The legislation is very clear. Driving, attempting to drive, being in charge of a vehicle - all offences. The only defence is if it can be proven there was no likelihood of driving the vehicle.
http://www.legislation.gov.uk/ukpga/1988/52/section/5

Sentencing guidelines differentiate between driving/attempting to drive and simply being in charge.
Driving/attempting -
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/excess-alcohol-driveattempt-to-drive-revised-2017/

Excess alcohol while in charge - https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/excess-alcohol-in-charge-revised-2017/

It's unlikely he'll get away without a ban, and if he does it's going to be a minimum of 10pts for merely in charge.

From the OP's description, he's got no hope of getting off, and I think he's going to have to go some to talk his way out of a ban. The magistrate really won't appreciate his attempts...

As it stands theres no evidence he's driven and unless I've completely missed it the evidence for drunk in charge isn't complete. Where was he when the police found him?

AdrianC

George333 wrote: »

As it stands theres no evidence he's driven and unless I've completely missed it the evidence for drunk in charge isn't complete. Where was he when the police found him?

Benzanna wrote: »

I called the police. By the time they arrived (he) ... was sitting in his car.

No way on this planet is he going to prove to a court there was no "likelihood" of him driving.

waamo

George333 wrote: »

As it stands theres no evidence he's driven and unless I've completely missed it the evidence for drunk in charge isn't complete. Where was he when the police found him?

According to the op he was sitting in his car.

George333

waamo wrote: »

According to the op he was sitting in his car.

Where was the car?

George333

AdrianC wrote: »

No way on this planet is he going to prove to a court there was no "likelihood" of him driving.

He's not helped himself by the sounds of it so far.

However it's still possible to do it. How do we know the car can be driven without a statement.