Drink driving charges, and help needed.

[Stuffythedragon]

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!

It's gone to bloods whats cos she said she couldn't blow intox machine at station.

I am a uk police officer . Deal with this day in day out.

Yes, this is in the UK.

No breathalyser was done due to a breathing/lung condition. This is why bloods were taken.

My neighbour had written everything down while they were talking on the phone, so unlikely that she got Mags and Crown court mixed up. Not impossible, but not likely.

I’m assuming that if the witness are being contacted, a court date will follow shortly?

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.

@hellenbackagen the OP said in her first post that her friend has already pleaded guilty.

Wish people wouldn't comment when they haven't read the post properly.....

FWIW the intox machine can be done by someone with 1 lung so the fact she cited medical grounds is bullshit. Someone with 1 lung can blow . They always do this if guilty. Delaying the inevitable. Makes it worse really they have longer to wait .

Emmagrundy - the police told my neighbour that said friend has pleaded guilty, HOWEVER my friend has not made a plea, and states that they are awaiting further updates from the police and the results of the blood tests.

Emma. Re read op maybe?

I wonder why your neighbour is trying to get out of it?

Maybe ask your employee what happened when she went to the mag court? Then when she denies it ask her why it’s going to the CC. without having gone to the MC?

Stress how important it is that she’s honest with you as you can only deal with it (work wise) if you know the truth.

Anyway if there are more experts here I'll bow out .

Op . Your mate is bullshitting you. It will all come out . 🤷🏻‍♀️

@@hellenbackagen

sorry!

oh and OP I think your friend is being economical with the truth.

www.judiciary.uk/you-and-the-judiciary/going-to-court/magistrates-court/

The more serious offences are passed on to the Crown Court, either for sentencing after the defendant has been found guilty in a magistrates’ court, or for full trial with a judge and jury.

Magistrates can also decide that a case is so serious that it should be dealt with in the Crown Court – which can impose tougher sentences if the defendant is found guilty.

So - without knowing the process, I'm just interpreting what I've read - perhaps she pleaded guilty, and she may not have needed to attend to do that; but the Mags decided they didn't want to sentence and have passed it to Crown for sentencing. Still don't get the neighbour involvement, maybe the Police were just covering bases in case the driver pleaded not guilty instead.

My neighbour didn’t see the lead up to the accident and I can only assume doesn’t want to be a witness to half the story. They were seconds behind and seen the aftermath when the car had made impact (if that makes sense) but they were the only witnesses until other cars stopped to see what was going on.

Hellen thank you so much for your advice. It’s been a great help!

Sadly, and based on your advice, I think you are right about the truth not being told in this case 🙁

If this person was actually a friend and not an employee I would be expecting most people to cut the irresponsible fecker out of their lives unless they admit to an alcohol problem and seek appropriate treatment. As this person works for you, I would be looking at how far in the process they need to be for me to sack them. Is just admitting it enough or do they need a conviction? Hopefully you have an HR department that can answer this. Drink driving is disgusting and unforgivable. I appreciate that mistakes happen but its sheer recklessness, selfishness and entitlement for drink drivers.

Op it's seen as a shameful crime (which it is but so many take the chance sadly ) that when caught people lie lie and lie some more. Never helps.

Blackcat - if they are convicted of this, it would ultimately lead to their dismissal. Due to security clearance etc, we would be notified upon conviction.

I can’t see that they won’t be charged for this - and rightly so. Just a few things weren’t adding up for me.

It sounds like your friend is being economical with the truth. Depends on exactly what she's been charged with, but it's likely to be an either way offence. If it's definitely going to Crown court, she's already pleaded not guilty at Mags court.

Has the accused had any weekday time off since the incident, or flexi works so is always off on a particular weekday?

Not that they have to attend Mags if it was only handled as a traffic offence, DH got his 3 points after sending his guilty plea by post.

• 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.*

There is no right to trial by jury for a summary only offence like drink driving.

It will still go to trial - you're absolutely right not at crown - it is summary only - but mags will still hear it unless other offences are laid on file that warrant crown.

It'll still go to trial in a not
Guilty plea is entered.

@hellenbackagen as no one was injured, surely prison is unlikely?

I have to be honest, I'm not a fan of ridiculous sentences for a crime that didn't happen (ie hurting someone). Drink driving is bad and the person should be punished, but not for something that didn't actually happen surely?

We had a bad accident on our corner a few years ago. And rumour had it the driver was drunk. I've always hoped he DID get jail time as the two elderly people in the car were badly injured (and we've always wondered if the lady subsequently died). But that is not the case in this situation?

Prison must unlikely.

Usually a ban and fine .

*most