Nightmare situation - Please help
Discussion
https://ico.org.uk/for-the-public/cctv/
When can CCTV images be disclosed?
You have the right to see CCTV images of you and to ask for a copy of them. The organisation must provide them within 40 calendar days of your request, and you may be asked to pay a fee of up to £10 (this is the maximum charge, set by Parliament). This is called a Subject Access Request. You will need to provide details to help the operator to establish your identity as the person in the pictures, and to help them find the images on their system.
When can CCTV images be disclosed?
You have the right to see CCTV images of you and to ask for a copy of them. The organisation must provide them within 40 calendar days of your request, and you may be asked to pay a fee of up to £10 (this is the maximum charge, set by Parliament). This is called a Subject Access Request. You will need to provide details to help the operator to establish your identity as the person in the pictures, and to help them find the images on their system.
menor95 said:
Hi all. Let me start by saying that I am not looking for sympathy and instead I am looking for advice.
Two nights ago my drink was spiked and whilst walking home I had somehow found my way into my car and crashed into a high curb. No surprise that somebody called the police and I was arrested for drink driving. I consumed 3 small glasses of wine at a wine tasting session and later a single JD and Coca Cola and it was the last drink that was spiked. Unfortunately I do not recall the events that took place that night and I failed to provide a specimen of breath for analysis at the Police station. I am due in court on the 25th. The following morning after waking up the Police explained to me what had happened and thereafter I headed to the hospital to get a blood sample however twelve hours was too late and it came back clean however one doctor noticed some abnormalities when looking at my pupils. I tried to get the bar to release the CCTV footage however they could not due to DPA and when I called the police they explained that they would not investigate further because I was not physically harmed. So I have no evidence to prove what has happened and I have failed to provide. What do I do next? Advice and guidance is greatly appreciated.
Irrespective of whether your drink was spiked or not, wouldn't 3 x glasses of wine and 1 x JD/Coke pput you over the limit anyway?Two nights ago my drink was spiked and whilst walking home I had somehow found my way into my car and crashed into a high curb. No surprise that somebody called the police and I was arrested for drink driving. I consumed 3 small glasses of wine at a wine tasting session and later a single JD and Coca Cola and it was the last drink that was spiked. Unfortunately I do not recall the events that took place that night and I failed to provide a specimen of breath for analysis at the Police station. I am due in court on the 25th. The following morning after waking up the Police explained to me what had happened and thereafter I headed to the hospital to get a blood sample however twelve hours was too late and it came back clean however one doctor noticed some abnormalities when looking at my pupils. I tried to get the bar to release the CCTV footage however they could not due to DPA and when I called the police they explained that they would not investigate further because I was not physically harmed. So I have no evidence to prove what has happened and I have failed to provide. What do I do next? Advice and guidance is greatly appreciated.
Why did you fail/refuse to provide a breath specimen?
Also, if you were walking home how did you 'somehow' find your way into the car? Did you walk home and then get into the car for a drive?
Edited by GarrettMacD on Saturday 7th February 16:45
Generally, failing to provide is it's own unique offence.
You could be the most sober person in the world, yet still fail/refuse and you'll be prosecuted for that offence, not the actual 'drink driving'.
In short, a fail/refusal to provide at the station is what you will have been charged with, and to all intents and purposes, proving how sober or not you were when driving becomes somewhat irrelevant.
With no concrete medical evidence (and you would have been queried if there was a medical reason why you failed to provide at the time), it sounds like you have very little option to maneuver i'm afraid.
You could be the most sober person in the world, yet still fail/refuse and you'll be prosecuted for that offence, not the actual 'drink driving'.
In short, a fail/refusal to provide at the station is what you will have been charged with, and to all intents and purposes, proving how sober or not you were when driving becomes somewhat irrelevant.
With no concrete medical evidence (and you would have been queried if there was a medical reason why you failed to provide at the time), it sounds like you have very little option to maneuver i'm afraid.
Spikings usually have a purpose. If somebody has spent money buying an illicit substance they are not just going to give it to a stranger. Generally there are three reasons to spike a drink:
1) 'having a laugh', done by mates to see how funny it is - speak to the people you were out with, do any of them seem like the type who would play this joke
2) Robbery. Anything missing?
3) Assault/Sexual Assault. Anything hurting?
If none of these three seem likely then I would suggest that it's very improbable you were spiked, and instead were just pissed.
1) 'having a laugh', done by mates to see how funny it is - speak to the people you were out with, do any of them seem like the type who would play this joke
2) Robbery. Anything missing?
3) Assault/Sexual Assault. Anything hurting?
If none of these three seem likely then I would suggest that it's very improbable you were spiked, and instead were just pissed.
menor95 said:
Hi all. Let me start by saying that I am not looking for sympathy and instead I am looking for advice.
Two nights ago my drink was spiked and whilst walking home I had somehow found my way into my car and crashed into a high curb. No surprise that somebody called the police and I was arrested for drink driving. I consumed 3 small glasses of wine at a wine tasting session and later a single JD and Coca Cola and it was the last drink that was spiked. Unfortunately I do not recall the events that took place that night and I failed to provide a specimen of breath for analysis at the Police station. I am due in court on the 25th. The following morning after waking up the Police explained to me what had happened and thereafter I headed to the hospital to get a blood sample however twelve hours was too late and it came back clean however one doctor noticed some abnormalities when looking at my pupils. I tried to get the bar to release the CCTV footage however they could not due to DPA and when I called the police they explained that they would not investigate further because I was not physically harmed. So I have no evidence to prove what has happened and I have failed to provide. What do I do next? Advice and guidance is greatly appreciated.
You are being fobbed off. If you really believe you were spiked, return and make a formal complaint, if they refuse to take it, make a complaint against the police.Two nights ago my drink was spiked and whilst walking home I had somehow found my way into my car and crashed into a high curb. No surprise that somebody called the police and I was arrested for drink driving. I consumed 3 small glasses of wine at a wine tasting session and later a single JD and Coca Cola and it was the last drink that was spiked. Unfortunately I do not recall the events that took place that night and I failed to provide a specimen of breath for analysis at the Police station. I am due in court on the 25th. The following morning after waking up the Police explained to me what had happened and thereafter I headed to the hospital to get a blood sample however twelve hours was too late and it came back clean however one doctor noticed some abnormalities when looking at my pupils. I tried to get the bar to release the CCTV footage however they could not due to DPA and when I called the police they explained that they would not investigate further because I was not physically harmed. So I have no evidence to prove what has happened and I have failed to provide. What do I do next? Advice and guidance is greatly appreciated.
It's irrelevant that you sustained no lasting injury, it's still a serious offence.
menor95 said:
I consumed 3 small glasses of wine at a wine tasting session and later a single JD and Coca Cola
That is enough to put you over the limit. You 'somehow found yourself in your car'. Bulls
t. Take your punishment like a man, and then either stop drinking or stop drinking like a teenage girl.GarrettMacD said:
Irrespective of whether your drink was spiked or not, wouldn't 3 x glasses of wine and 1 x JD/Coke pput you over the limit anyway?
Why did you fail/refuse to provide a breath specimen?
Also, if you were walking home how did you 'somehow' find your way into the car? Did you walk home and then get into the car for a drive?
Not sure what the limit is as I don't have to worry about it, but isn't it about 3 units? In theory he had around 4 or 5 units didn't he, and depending on the time period involved could in theory have processed a couple of units so would potentially have been borderline to drive. I therefore assume that is why he was walking. I also assume he found himself in the car as he intended to walk and cant recall why he was in the car. The implication also appears to be that either he can't recall refusing to give a specimen of breath or was incapable of giving it.Why did you fail/refuse to provide a breath specimen?
Also, if you were walking home how did you 'somehow' find your way into the car? Did you walk home and then get into the car for a drive?
If the quantity of drink consumed is accurate then something does seem strange if it is quantities of alcohol that the OP is used to drinking. My own assumption would be that the quantities drunk would be larger although if they were that large wouldnt they show in the blood test when it was done?
Gump's sympathy level: 0.
Thank god it was a kerb, not something more important, like a bus queue. IF you were spiked, then presumably the reason you drove home hammered is because that was always the plan - i.e have 3 glkasses of wine and a short, and drive. That's fully in "arse" category.
Thank god it was a kerb, not something more important, like a bus queue. IF you were spiked, then presumably the reason you drove home hammered is because that was always the plan - i.e have 3 glkasses of wine and a short, and drive. That's fully in "arse" category.
Chrisgr31 said:
Not sure what the limit is as I don't have to worry about it, but isn't it about 3 units?
On average 5 units is just under, 6 just over.It depends on the person, and high strength beverages are in effect more than one unit in alcohol content even though within for volume.
menor95 said:
Hi all. Let me start by saying that I am not looking for sympathy and instead I am looking for advice.
Two nights ago my drink was spiked and whilst walking home I had somehow found my way into my car and crashed into a high curb. No surprise that somebody called the police and I was arrested for drink driving. I consumed 3 small glasses of wine at a wine tasting session and later a single JD and Coca Cola and it was the last drink that was spiked. Unfortunately I do not recall the events that took place that night and I failed to provide a specimen of breath for analysis at the Police station. I am due in court on the 25th. The following morning after waking up the Police explained to me what had happened and thereafter I headed to the hospital to get a blood sample however twelve hours was too late and it came back clean however one doctor noticed some abnormalities when looking at my pupils. I tried to get the bar to release the CCTV footage however they could not due to DPA and when I called the police they explained that they would not investigate further because I was not physically harmed. So I have no evidence to prove what has happened and I have failed to provide. What do I do next? Advice and guidance is greatly appreciated.
Out of curiosity, how do you know it was the last drink that was spiked? Two nights ago my drink was spiked and whilst walking home I had somehow found my way into my car and crashed into a high curb. No surprise that somebody called the police and I was arrested for drink driving. I consumed 3 small glasses of wine at a wine tasting session and later a single JD and Coca Cola and it was the last drink that was spiked. Unfortunately I do not recall the events that took place that night and I failed to provide a specimen of breath for analysis at the Police station. I am due in court on the 25th. The following morning after waking up the Police explained to me what had happened and thereafter I headed to the hospital to get a blood sample however twelve hours was too late and it came back clean however one doctor noticed some abnormalities when looking at my pupils. I tried to get the bar to release the CCTV footage however they could not due to DPA and when I called the police they explained that they would not investigate further because I was not physically harmed. So I have no evidence to prove what has happened and I have failed to provide. What do I do next? Advice and guidance is greatly appreciated.
ETA: If it's advice you're really looking for, then head to your local bus station and invest in a month on month pass.
Having three glasses of wine and a short, with the intention of driving afterwards is pretty bloody stupid, "spiked" or not.
Edited by OzzyR1 on Saturday 7th February 19:01
agtlaw said:
OP doesn't actually give adequate details about refusal or failure at the roadside and or at the police ststion.
I am aware of that.He does say however that he failed to provide a specimen of breath at the station.
And yes, I am aware that he could have provided a partial specimen, but from the details given, I would doubt it.
Would be interesting to know if he was arrested for S4 or 5.
Edited by Mk3Spitfire on Saturday 7th February 19:12
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