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Original poster

Drink driving charges, and help needed.

48 replies

Stuffythedragon · 08/10/2019 17:43

Ok, so I’ll try to keep these brief with no drip feeding.... I have changed a few details as not to out anyone, but I didn’t want to name change in case people think I’m a weird troll 😊

So, in a nutshell, one of my friends (yes this is a genuine friend and not me 😌) made a terrible error of judgement and got in the car after several drinks. This resulted in them totally writing their car off - thankfully there was no other parties involved! Believe me, rightly or wrongly this has massively affected our friendship, and I have zero sympathy for them any ramifications that may occur due to this......Anyway. As fate would have it, my neighbour was seconds behind the accident (it happened approx 10pm) and saw it all.

Now, this was over 10 weeks ago and today my neighbour has had a call from the police asking if they would be a witness in a Crown Court, as my friend had pleaded guilty to drink driving. This sounds very odd considering the police are yet to make any recent contact with my friend, and every time my friend has spoken to the help desk, they get the same “your bloods haven’t been sent back” response. So they questions I have are below;

Why has it taken so long to test blood, and how conclusive are they after the length of time?

Why would this be heard in a Crown court as opposed to a Magistrates court, and will this mean a likely prison sentence?

Why would the police advise my neighbour that a plea had been made when it clearly hasn’t?

For history, my friend has also recently had a speeding ticket (80 in a 70). But no other convictions (to my knowledge)

Just for absolute clarity, please don’t think for one second that I condone this, and I’m certainly not looking for any ‘loopholes’, because as far as I’m concerned, they will get the punishment that they fully deserve.

Just wondered if anyone been in similar situation, or offer any advice?

Thank you to all!

OP posts:
Evilmorty · 08/10/2019 17:48

Oh I do hope the reason is prison sentence.

However, I’d imagine telling her about any evidence they are gathering and their proceedings, may be a breach of confidentiality and liable to impede the case they are making against her?

hellenbackagen · 08/10/2019 17:50

I'm a cop. I can answer.

Bloods are back dated so the result will be absolutely conclusive. It's a very scientific process. It's accurate. It also takes several weeks as most labs have a backlog.

It will be heard first at mags court then if a not guilty plea is entered it goes to crown.

Your friend is clearly lying to you. They must have entered an early first plea.

Shame prevents people being honest in these situations.

Original poster
Stuffythedragon · 08/10/2019 17:51

Thanks for your reply 😊

I don’t disagree with you re: sentencing.

I haven’t spoken with my friend since the neighbour told me about what’s happened, however if the plea has been made I would have known. Should I not tell them about this call?

OP posts:

Interested in this thread?

Then you might like threads about this subject:

Driving & parking
hellenbackagen · 08/10/2019 17:53

Stay out if it . It's none of your business and you would be speculating. The neighbor will be called to witness what they saw not offer opinion.

Original poster
Stuffythedragon · 08/10/2019 17:54

Thanks Hellenback!

Without giving too much away, I know that they haven’t gone to a Mags court (this person in effect works for me, so would have to declare it) could it be the case that they have pleaded not guilty at the time of arrest?

OP posts:
SauvignonBlanche · 08/10/2019 17:54

I’d keep out of it.

JumpyLiz · 08/10/2019 17:55

Is there a reason why you feel you need to involve yourself, and not just let the relevant authorities deal with it?

hellenbackagen · 08/10/2019 17:56

The process can't be bypassed. It's magistrates first for an early first plea then crown if a bit guilty plea is entered. Your friend is not telling you everything.

Original poster
Stuffythedragon · 08/10/2019 17:56

To make matters worse, my neighbour claims they aren’t going to stand as a witness. God knows why, but I thought if you’d witnessed an accident then it wasn’t optional?

OP posts:
hellenbackagen · 08/10/2019 17:57

It doesn't matter what they said at arrest.

The evidence will speak for itself. The first hearing is at mags . If it's already going to crown she pleaded .

Original poster
Stuffythedragon · 08/10/2019 17:58

Thanks again for all your replies.

I am not getting myself involved, but working in a sensitive environment, I need to ensure that I’m not being spun a line about the seriousness of this.

I won’t be speaking to anyone about this, and of course I will be leaving the authorities to do as they will.

OP posts:
DontLookBackIntoTheSun · 08/10/2019 17:59

Drink driving will be dealt with by the magistrates court regardless of plea. It’s a “summary only” offence so can only go to Crown court on the back of another charge eg dangerous driving

Original poster
Stuffythedragon · 08/10/2019 17:59

Well. I won’t be telling anyone in RL.... obviously 1000’s of internet strangers doesn’t count 😂

OP posts:
hellenbackagen · 08/10/2019 17:59

Ifnit went to bloods your friend didn't blow - they must have voted a medical reason (people actually believe saying they have asthma gets them off ) it doesn't. It just goes to bloods.

EggysMom · 08/10/2019 17:59

I know that they haven’t gone to a Mags court (this person in effect works for me, so would have to declare it)

Or they could be lying to you precisely for that reason.

Original poster
Stuffythedragon · 08/10/2019 18:01

Ah, ok. Well crashing your car whilst under the influence definitely counts as dangerous driving doesn’t it?

Again, thanks for all the information. You’ve all be a great help. Looks like I have decisions to make here 🙁

OP posts:
hellenbackagen · 08/10/2019 18:01

Cited not voted. Ffs . Hate autocorrect!

Redshoesandtheblues · 08/10/2019 18:02

It can't be a simple drink drive if going to crown court for trial.
An additional charge such as dangerous driving is likely to be involved.

Original poster
Stuffythedragon · 08/10/2019 18:03

Eggsy, I meant more so that they would have to have leave authorised for this (unless mags courts open on weekends?) and they haven’t had any since this happened.

I mean there are ways around it I guess, they could have had a late hearing and not mentioned it. Unfortunately, in my field of work, a criminal record will be pretty much game over.

OP posts:
EmmaGrundyForPM · 08/10/2019 18:03

It will be dealt with at the Magistrates Court unless there's another charge as well. Has your neighbour got confused? However, if your friend has pleaded Guilty there won't be a trial and so no witnesses need to appear in court.

It sounds as though you are not being told the whole story.

hellenbackagen · 08/10/2019 18:04

No - not dangerous driving. It's contrary to section 5 road traffic act - driving while over the prescribed limit or sec 4 driving while under influence if drink or drugs.

Unless there is evidence of dangerous driving she won't be charged with that. It will be either sec 4 or sec 5 . Automatic ban usually. Hefty fine.

Original poster
Stuffythedragon · 08/10/2019 18:04

Hellenback - yes, they stated a lung condition so didn’t blow at the roadside.

OP posts:
hellenbackagen · 08/10/2019 18:05

It will go to crown is she pleads not guilty because trial by jury is a right under British law.

Wish people wouldn't give advice if they know fuck all.

WhatsNextMrsLandingham · 08/10/2019 18:05

First question - is this in the UK? I ask as I thought a breathalyser reading carried out at a police station sufficed as evidence, with the lower reading being used in court. I also didn't think there was a trial if someone's pleaded guilty so I'm confused re need for a witness.

*My legal knowledge comes from Police Interceptors so might be complete bollocks.

FromEden · 08/10/2019 18:07

Oh I do hope the reason is prison sentence

Why? Bit harsh to want to completely ruin someone's life. If no one was injured by this person and there haven't been other previous drink driving offences then I'm sure the loss of license will be sufficient punishment.