Is my buddy going to jail???
Discussion
covboy said:
worsy said:
Surely easy defense, went out had a couple of glasses over the course of the evening. Limited alcohol as was driving. Got home, sunk a couple of G&T's to unwind, went to bed.
Ever heard of countback ?worsy said:
Surely easy defense, went out had a couple of glasses over the course of the evening. Limited alcohol as was driving. Got home, sunk a couple of G&T's to unwind, went to bed.
Yes. This defence has never been used before and I'm sure would have thrown them off the case straight away.Mk3Spitfire said:
worsy said:
Surely easy defense, went out had a couple of glasses over the course of the evening. Limited alcohol as was driving. Got home, sunk a couple of G&T's to unwind, went to bed.
Yes. This defence has never been used before and I'm sure would have thrown them off the case straight away.
It is a shame they we're let in. Guilty or not she would have been fine.
I also now remember the police let themselves into the house later that night! The first officer on the scene was a woman on her own so she got another officer to Join her and they all left in the same car, leaving her car on the drive.
An hour or two later the police just came waltzing into the living room to tell us they were back to pick up the car!
I am sure if any one in the house was up to anything naughty they would have increased their arrest tally for the night...
I also now remember the police let themselves into the house later that night! The first officer on the scene was a woman on her own so she got another officer to Join her and they all left in the same car, leaving her car on the drive.
An hour or two later the police just came waltzing into the living room to tell us they were back to pick up the car!
I am sure if any one in the house was up to anything naughty they would have increased their arrest tally for the night...
Mk3Spitfire said:
Report to police. Police attend home address. Police breathalyse suspect as they believe she has been driving. Suspect blows over. Police arrest suspect.
This bit here - sounds like a malicious and simple way to mess up someones life. I'd hope the Police would have some sort of procedure for discounting that probability.Guess I've answered my own question in realising they'll investigate both sides of the story but are likely to lean towards breath/blood evidence first asap.
I might be missing something here... but why not just deny everything and say you were not driving the car?
The Police have no proof she was driving under the influence. You have 1 witness who saw the car being driven. If it comes down to it, just say they are lying and being malicious surely? get a couple of mates to testify you were at home, that sort of thing?
The Police have no proof she was driving under the influence. You have 1 witness who saw the car being driven. If it comes down to it, just say they are lying and being malicious surely? get a couple of mates to testify you were at home, that sort of thing?
Shuvi McTupya said:
Mk3Spitfire said:
ATM said:
I'm not trying to defend drink driving but if she wasn't seen by the police driving then how can she be arrested like this?
Report to police. Police attend home address. Police breathalyse suspect as they believe she has been driving. Suspect blows over. Police arrest suspect. Would have struggled if they hadn't been let in though.
So now she admits driving but claims to have downed a lot of booze after she arrived home then the police have no case - right?
Joeguard1990 said:
I might be missing something here... but why not just deny everything and say you were not driving the car?
The Police have no proof she was driving under the influence. You have 1 witness who saw the car being driven. If it comes down to it, just say they are lying and being malicious surely? get a couple of mates to testify you were at home, that sort of thing?
The lawyer has now seen the witness statement and surprisingly he has managed to identify a small blonde woman as the driver. Still not 100% proof and I am sure that certain factions of society would laugh in the face of such an accusation and get off Scott free...The Police have no proof she was driving under the influence. You have 1 witness who saw the car being driven. If it comes down to it, just say they are lying and being malicious surely? get a couple of mates to testify you were at home, that sort of thing?
ATM said:
So now she admits driving but claims to have downed a lot of booze after she arrived home then the police have no case - right?
ATM said:
So now she admits driving but claims to have downed a lot of booze after she arrived home then the police have no case - right?
Wrong - the onus is on her to prove that she did actually down a lot of booze after she arrived home, and that she'd have been under the limit but for that booze. Road Traffic Offenders Act Section 15 (2) and (3), aka the hip flask clause.okgo said:
Its not a shame they were let in really though is it. Someone who does that desrves to get their collar felt. Idiotic and totally irresponsible behaviour regardless of the circumstances.
Agreed, but some would say that she has already learned the lesson. She has spent some time in jail and it has cost her the guts of £2k. She won't be repeating the act..You should have seen her when we picked her up on the Monday, she was a total wreck !
Don Veloci said:
This bit here - sounds like a malicious and simple way to mess up someones life. I'd hope the Police would have some sort of procedure for discounting that probability.
Guess I've answered my own question in realising they'll investigate both sides of the story but are likely to lean towards breath/blood evidence first asap.
Yes. There's quite a few lines of investigation the attending officer can look at before deciding what course of action to date. I won't go into them on a public forum, but there's several things (some obvious, some not so) which can help prove a vehicle and/or person has been driving.Guess I've answered my own question in realising they'll investigate both sides of the story but are likely to lean towards breath/blood evidence first asap.
Shuvi McTupya said:
Agreed, but some would say that she has already learned the lesson. She has spent some time in jail and it has cost her the guts of £2k. She won't be repeating the act..
You should have seen her when we picked her up on the Monday, she was a total wreck !
She hasn't been to Jail! She was remanded in a police cell. Different things altogether! You should have seen her when we picked her up on the Monday, she was a total wreck !
And a couple of days b&b with an en-suite and a few quid down the drain might not seem like learning a lesson had someone been killed as a result of her actions.
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