arrested for DD last night, refused to give sample
Discussion
i'll try & keep this as short as possible until i know further details but he's the sorry saga, or as much as i know of it so far....
family friend out with another friend yesterday afternoon & consumed alcohol (no idea how little or how much).
for whatever reason, she decided to drive home (perhaps 30 miles or so?)
apparently, her car registration was reported to the police, either for erratic driving or leaving a pub after being seen drinking.
after arriving home, she consumed more alcohol.
now, at some point in the evening, police arrive to question her. now, all this at present is a bit "second hand" information, but apparently she got a bit "tired & emotional" & couldn't provide a breath sample-after a lot of goes it would seem.
at which point, the police arrested her & placed her in custody for the night, only to be released at some point today.
any ideas if this is something she can fight in court (if indeed, there might be any chance that she could possibly have been under the limit at the time of driving)? i assumed that refusing to give a sample is a straight ban with do not pass go, if this is the case-what sort of punishment should she expect?
i hasten to add, this is not me who's in this predicament! i've no idea just why she was so stupid as to find herself in this situation but her close family are obviously worried about just how severe the punishment for her stupidity will be.
personal circumstances of the lady in question are someone in good health who is retired so obviously does not need a license for work etc.
family friend out with another friend yesterday afternoon & consumed alcohol (no idea how little or how much).
for whatever reason, she decided to drive home (perhaps 30 miles or so?)
apparently, her car registration was reported to the police, either for erratic driving or leaving a pub after being seen drinking.
after arriving home, she consumed more alcohol.
now, at some point in the evening, police arrive to question her. now, all this at present is a bit "second hand" information, but apparently she got a bit "tired & emotional" & couldn't provide a breath sample-after a lot of goes it would seem.
at which point, the police arrested her & placed her in custody for the night, only to be released at some point today.
any ideas if this is something she can fight in court (if indeed, there might be any chance that she could possibly have been under the limit at the time of driving)? i assumed that refusing to give a sample is a straight ban with do not pass go, if this is the case-what sort of punishment should she expect?
i hasten to add, this is not me who's in this predicament! i've no idea just why she was so stupid as to find herself in this situation but her close family are obviously worried about just how severe the punishment for her stupidity will be.
personal circumstances of the lady in question are someone in good health who is retired so obviously does not need a license for work etc.
Eclassy said:
This doesnt help but the question you should be asking her is why she let anyone in her house.
Say I used to drink with a neighbour/ friend every Friday night at home from around 8pm. I drive home from work and arrive at 7pm every weekday. I have now fallen out with this neighbour/friend. What stops this disgruntled neighbour/friend from calling up the police and saying I drove under the influence.
If the police turn up at 10pm and I foolishly let them in and I blow over the limit. How do they determine when I got drunk?
this is a good point but one not entirely helpful after the fact unfortunately. i suspect that usually law abiding citizens don't suddenly turn into "know my rights!" types when confronted by plod & merely sSay I used to drink with a neighbour/ friend every Friday night at home from around 8pm. I drive home from work and arrive at 7pm every weekday. I have now fallen out with this neighbour/friend. What stops this disgruntled neighbour/friend from calling up the police and saying I drove under the influence.
If the police turn up at 10pm and I foolishly let them in and I blow over the limit. How do they determine when I got drunk?
t themselves instead, no bad thing when you think about it.so, a little more information has come through in that she has been charged with;
failing to provide a specimen
driving a motor vehicle dangerously
as i find out more i'll post up...
longshot said:
How can they charge her with driving a motor vehicle dangerously if the Police didn't witness it.
Wouldn't it take a Policeman to decide what is dangerous, unless ofcourse she's driven into something.
presumably this is where a witness statement would come in? the witness that presumably reported her to the police initially?Wouldn't it take a Policeman to decide what is dangerous, unless ofcourse she's driven into something.
what are the sentences for the above charges?
Ok, more info comes in as I finish work....
I hasten to add yet again, this is still third hand info & these (& the previous) facts I have shared may not be 100% correct
The police came to visit around one hour after she returned home.
Two people reported her driving standards, one with video evidence of "swerving" & perhaps hitting a curb.
Police asked her to provide a sample, which she did but couldn't register a reading multiple times. After this, the breathalyser "failed" & was switched off to reset itself when once again it (or she) couldn't provide a reading.
Police then arrested her & put her in the cells for the evening until sober.
No urine or blood sample was offered or given, the police did not request one.
Upon questioning this morning, she admitted that although only having two glasses of wine prior to driving she was not aware of what size measures had been used.
She also admitted on reflection she shouldn't have driven although denied being drunk at the time of driving. I didn't find out how much she may have drunk after she returned home.
So there we have it, if there's anything any of the legal eagles would like me to find out I can always try. I've tried to keep to as much of the facts as possible, I don't think I've harmed any realistic defence she may have had by posting although I yet again add, this is second hand knowledge & may or may not contain some inaccuracies.
Obviously I'm very aware that there will be some very harsh criticisms of her behaviour on here (I'm less than impressed with her myself) & I sympathise with anyone who holds no regard for anyone involved in a drink driving case. However, these are the cards she has dealt herself & is obviously extremely worried about the charges.
I hasten to add yet again, this is still third hand info & these (& the previous) facts I have shared may not be 100% correct
The police came to visit around one hour after she returned home.
Two people reported her driving standards, one with video evidence of "swerving" & perhaps hitting a curb.
Police asked her to provide a sample, which she did but couldn't register a reading multiple times. After this, the breathalyser "failed" & was switched off to reset itself when once again it (or she) couldn't provide a reading.
Police then arrested her & put her in the cells for the evening until sober.
No urine or blood sample was offered or given, the police did not request one.
Upon questioning this morning, she admitted that although only having two glasses of wine prior to driving she was not aware of what size measures had been used.
She also admitted on reflection she shouldn't have driven although denied being drunk at the time of driving. I didn't find out how much she may have drunk after she returned home.
So there we have it, if there's anything any of the legal eagles would like me to find out I can always try. I've tried to keep to as much of the facts as possible, I don't think I've harmed any realistic defence she may have had by posting although I yet again add, this is second hand knowledge & may or may not contain some inaccuracies.
Obviously I'm very aware that there will be some very harsh criticisms of her behaviour on here (I'm less than impressed with her myself) & I sympathise with anyone who holds no regard for anyone involved in a drink driving case. However, these are the cards she has dealt herself & is obviously extremely worried about the charges.
No other car involved as far as I'm aware, just the 2 separate witness reports according to the police of her driving dangerously. Not sure how dangerous, but presumably dangerous enough to warrant someone videoing it & calling the police. She has admitted driving remember.
Again, any ideas of likely sentences & fines? As both carry a minimum 12 month ban & fine is the least she can look forward to a 2 year ban and extra large fine?
Again, any ideas of likely sentences & fines? As both carry a minimum 12 month ban & fine is the least she can look forward to a 2 year ban and extra large fine?
Steffan said:
LaurasOtherHalf said:
NPI said:
LaurasOtherHalf said:
Again, any ideas of likely sentences & fines?
Understand that she's a family friend, but you seem very concerned. Surely it's better that she's taken off the road?Which obviously leads me to think any video evidence a witness has filmed may show some extremely poor driving, for instance mounting a curb, not obeying the traffic laws at a junction, weaving into oncoming cars etc.
All of that is speculation I may add, though I haven't ever been driven by her personally so I'm not exactly sure just how she drives on a day to day basis!
mph1977 said:
exactly
IIRC there are three groups of people who are deemed as expert witnesses when it comes to determining intoxication
Police Officers
Health Professionals ( mainly Medical Practitioners, Paramedics and Nurses)
Holders of a (alcohol) Personal Licence .
the original story is full of holes however
IF the Police Officers formed an impression from her behaviour , manner, physical signs etc of intoxication
IF she then failed to provide but had no valid clinical reason for failing to provide ( such as end stage lung disease )
she's up st creek without a paddle if charged with failing to provide.
Thanks for the answer, I think the failure to provide charge is accepted by the accused as the least she will get. IIRC there are three groups of people who are deemed as expert witnesses when it comes to determining intoxication
Police Officers
Health Professionals ( mainly Medical Practitioners, Paramedics and Nurses)
Holders of a (alcohol) Personal Licence .
the original story is full of holes however
IF the Police Officers formed an impression from her behaviour , manner, physical signs etc of intoxication
IF she then failed to provide but had no valid clinical reason for failing to provide ( such as end stage lung disease )
she's up s
t creek without a paddle if charged with failing to provide.The worry for her it would seem, is the dangerous driving part carries much harsher penalties such as custodial sentences (I'm not aware if it can be linked to the failure to provide charge to carry more gravitas). Even if unlikely, I suspect this has put the s
ts right up her, so to speak.I'm led to believe the police haven't fully explained exactly what the other witnesses saw but I'm assuming it wasn't exemplary lane discipline & inch perfect apex clipping.
MrADC said:
Similar scenario affected a friend of mine - he became so obsessed with "beating it" he ended up being charged with ATPTCoJ - custodial sentence....ensuing personal and professional meltdown - hardly worth that?!
If you are dim enough to drink and drive - accepting the punishment is far less risky that trying to wriggle out of it.
IMHO
As stated above, I don't think that trying to wriggle out of it is either an option or intended.If you are dim enough to drink and drive - accepting the punishment is far less risky that trying to wriggle out of it.
IMHO
I think the main concerns are limiting the harshness of the penalties that will be coming her way.
LoonR1 said:
This thread is about saving the licence of a driver who has been videod driving dangerously
Whereas the linked thread below is about how to get a videod driver hung, drawn and quartered.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
The difference? One is a PHer trying to save their "friend", whereas the other is a PHer offended by the driver. Pity they're not the same person, although I think SP&L would implode if that were the case.
This thread is emphatically not about saving a PH'ers friend. Where on this thread do you see me asking how to get her off with the charges?Whereas the linked thread below is about how to get a videod driver hung, drawn and quartered.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
The difference? One is a PHer trying to save their "friend", whereas the other is a PHer offended by the driver. Pity they're not the same person, although I think SP&L would implode if that were the case.
I'm completely in agreement with your views of drink drivers as it happens.
I do however, feel for the family of the woman in question & given that she neither caused injury nor damage (possibly through no more than luck) I'm completely comfortable in feeling sorry for them, if not her.
Had things turned out differently, that compassion would certainly not have been so forthcoming. But it didn't. End of story.
Sorry to pick up on your post alone Loon
LoonR1 said:
LaurasOtherHalf said:
LoonR1 said:
This thread is about saving the licence of a driver who has been videod driving dangerously
Whereas the linked thread below is about how to get a videod driver hung, drawn and quartered.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
The difference? One is a PHer trying to save their "friend", whereas the other is a PHer offended by the driver. Pity they're not the same person, although I think SP&L would implode if that were the case.
This thread is emphatically not about saving a PH'ers friend. Where on this thread do you see me asking how to get her off with the charges?Whereas the linked thread below is about how to get a videod driver hung, drawn and quartered.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
The difference? One is a PHer trying to save their "friend", whereas the other is a PHer offended by the driver. Pity they're not the same person, although I think SP&L would implode if that were the case.
I'm completely in agreement with your views of drink drivers as it happens.
I do however, feel for the family of the woman in question & given that she neither caused injury nor damage (possibly through no more than luck) I'm completely comfortable in feeling sorry for them, if not her.
Had things turned out differently, that compassion would certainly not have been so forthcoming. But it didn't. End of story.
Sorry to pick up on your post alone Loon
However, in answer to getting her off, then I've quoted your OP and highlighted a bit. There is little point in fighting something if you're not trying to get way with it. LaurasOtherHalf said:
i'll try & keep this as short as possible until i know further details but he's the sorry saga, or as much as i know of it so far....
family friend out with another friend yesterday afternoon & consumed alcohol (no idea how little or how much).
for whatever reason, she decided to drive home (perhaps 30 miles or so?)
apparently, her car registration was reported to the police, either for erratic driving or leaving a pub after being seen drinking.
after arriving home, she consumed more alcohol.
now, at some point in the evening, police arrive to question her. now, all this at present is a bit "second hand" information, but apparently she got a bit "tired & emotional" & couldn't provide a breath sample-after a lot of goes it would seem.
at which point, the police arrested her & placed her in custody for the night, only to be released at some point today.
any ideas if this is something she can fight in court (if indeed, there might be any chance that she could possibly have been under the limit at the time of driving)? I assumed that refusing to give a sample is a straight ban with do not pass go, if this is the case-what sort of punishment should she expect?
i hasten to add, this is not me who's in this predicament! i've no idea just why she was so stupid as to find herself in this situation but her close family are obviously worried about just how severe the punishment for her stupidity will be.
personal circumstances of the lady in question are someone in good health who is retired so obviously does not need a license for work etc.
family friend out with another friend yesterday afternoon & consumed alcohol (no idea how little or how much).
for whatever reason, she decided to drive home (perhaps 30 miles or so?)
apparently, her car registration was reported to the police, either for erratic driving or leaving a pub after being seen drinking.
after arriving home, she consumed more alcohol.
now, at some point in the evening, police arrive to question her. now, all this at present is a bit "second hand" information, but apparently she got a bit "tired & emotional" & couldn't provide a breath sample-after a lot of goes it would seem.
at which point, the police arrested her & placed her in custody for the night, only to be released at some point today.
any ideas if this is something she can fight in court (if indeed, there might be any chance that she could possibly have been under the limit at the time of driving)? I assumed that refusing to give a sample is a straight ban with do not pass go, if this is the case-what sort of punishment should she expect?
i hasten to add, this is not me who's in this predicament! i've no idea just why she was so stupid as to find herself in this situation but her close family are obviously worried about just how severe the punishment for her stupidity will be.
personal circumstances of the lady in question are someone in good health who is retired so obviously does not need a license for work etc.
If you read the part you've quoted again, you'll read that as well as only having the initial (& not full) facts I stated it would only be worth fighting if she was not guilty. As you've yet to speak to the accused & as she's yet to appear before a jury of her peers I'm not entirely sure on how we can decide if she is indeed guilty or not.
SV8Predator said:
LaurasOtherHalf said:
However, these are the cards she has dealt herself & is obviously extremely worried about the charges.
Struggling with this slightly.She's so worried about the charges that she's begged her "friend" to ask her questions on an internet forum?
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