An old Hijacked Thread
Discussion
I semi-hijacked this thread a little while ago - www.pistonheads.co.uk/gassing/topic.asp?p=3&f=10&t=294514&h=0
So this is the update.
I saw the guy at the weekend and he "had his day in court" sometime in February. Basically no charge to answer, and his costs will be paid by the prosecution, and additional expenses to be paid to him as well (petrol etc). He is trying to pursue loss of earnings for the days he spent in court (self employed) - but I think he is pushing his luck!
He still has no idea how he ended up in the situation, but it appears it could not be proved he was driving.
Fats25 said:
Two true stories.
Very recently and details are a bit sketchy. Mate had been at a party that I was at, and was on the lash big time.
Next thing he knows, he wakes up in a police cell. It transpires that he was found fast asleep on the hard shoulder of the M2, with his car parked up, and running next to him. Went to court three weeks ago where he was asked how he pleaded, and he pleaded not guilty, adjourned til last week.
He is defending himself, and has no legal knowledge. His claim is that he cannot remember getting in the car, or being arrested, or being in charge of a car. His memory finishes at the party, and only starts again at the police cell the morning after. He only has the arresting officers word.
I have spoken to him about this, and from what he tells me, he genuinely does not seem to have any recollecion of the evening. I have told him from what I have read on here that there is no way he will keep his licence, as policemans word, evidence, will be good enough!
However went to court again last week and he kept to the same argument. Case has been adjourned again for another 3 weeks - I think - although DVD et all should be able to correct me - that they dropped drink driving, but are pursuing being drunk in charge of vehicle. Again I am not sure if this is fact, or me getting confused. Not sure if there are separate charges.
I will keep you posted with what happens after three weeks.
Very recently and details are a bit sketchy. Mate had been at a party that I was at, and was on the lash big time.
Next thing he knows, he wakes up in a police cell. It transpires that he was found fast asleep on the hard shoulder of the M2, with his car parked up, and running next to him. Went to court three weeks ago where he was asked how he pleaded, and he pleaded not guilty, adjourned til last week.
He is defending himself, and has no legal knowledge. His claim is that he cannot remember getting in the car, or being arrested, or being in charge of a car. His memory finishes at the party, and only starts again at the police cell the morning after. He only has the arresting officers word.
I have spoken to him about this, and from what he tells me, he genuinely does not seem to have any recollecion of the evening. I have told him from what I have read on here that there is no way he will keep his licence, as policemans word, evidence, will be good enough!
However went to court again last week and he kept to the same argument. Case has been adjourned again for another 3 weeks - I think - although DVD et all should be able to correct me - that they dropped drink driving, but are pursuing being drunk in charge of vehicle. Again I am not sure if this is fact, or me getting confused. Not sure if there are separate charges.
I will keep you posted with what happens after three weeks.
Fats25 said:
I have known the fella for around 18 years, and have never ever known him to pass out/black out like this. I have known him to DD - but that was a number of years ago.
He has claimed to his mates, including me, that he was "spiked", alhough I have no idea if he has mentioned this in court or to police, and I have to admit I find this hard to believe from the people at the party. I have also not spoke to anyone that saw him get in his car after party.
Indeed - very interesting. However as I say - I will keep you all posted.
He has claimed to his mates, including me, that he was "spiked", alhough I have no idea if he has mentioned this in court or to police, and I have to admit I find this hard to believe from the people at the party. I have also not spoke to anyone that saw him get in his car after party.
Indeed - very interesting. However as I say - I will keep you all posted.
So this is the update.
I saw the guy at the weekend and he "had his day in court" sometime in February. Basically no charge to answer, and his costs will be paid by the prosecution, and additional expenses to be paid to him as well (petrol etc). He is trying to pursue loss of earnings for the days he spent in court (self employed) - but I think he is pushing his luck!
He still has no idea how he ended up in the situation, but it appears it could not be proved he was driving.
No evidence that he drove so no action
In charge - (presumtion)they may have considered the statutory defence, believed it and threw that out.
What now?. If I had been involved then a letter to DVLA about the apparent 'blackout' so that medical procedure can be involved to see if fit to hold a licence.
dvd
In charge - (presumtion)they may have considered the statutory defence, believed it and threw that out.
What now?. If I had been involved then a letter to DVLA about the apparent 'blackout' so that medical procedure can be involved to see if fit to hold a licence.
dvd
fats25 said:
I semi-hijacked this thread a little while ago - www.pistonheads.co.uk/gassing/topic.asp?p=3&f=10&t=294514&h=0
So this is the update.
I saw the guy at the weekend and he "had his day in court" sometime in February. Basically no charge to answer, and his costs will be paid by the prosecution, and additional expenses to be paid to him as well (petrol etc). He is trying to pursue loss of earnings for the days he spent in court (self employed) - but I think he is pushing his luck!
He still has no idea how he ended up in the situation, but it appears it could not be proved he was driving.
Fats25 said:
I have known the fella for around 18 years, and have never ever known him to pass out/black out like this. I have known him to DD - but that was a number of years ago.
He has claimed to his mates, including me, that he was "spiked", alhough I have no idea if he has mentioned this in court or to police, and I have to admit I find this hard to believe from the people at the party. I have also not spoke to anyone that saw him get in his car after party.
Indeed - very interesting. However as I say - I will keep you all posted.
He has claimed to his mates, including me, that he was "spiked", alhough I have no idea if he has mentioned this in court or to police, and I have to admit I find this hard to believe from the people at the party. I have also not spoke to anyone that saw him get in his car after party.
Indeed - very interesting. However as I say - I will keep you all posted.
So this is the update.
I saw the guy at the weekend and he "had his day in court" sometime in February. Basically no charge to answer, and his costs will be paid by the prosecution, and additional expenses to be paid to him as well (petrol etc). He is trying to pursue loss of earnings for the days he spent in court (self employed) - but I think he is pushing his luck!
He still has no idea how he ended up in the situation, but it appears it could not be proved he was driving.
I can relate to this directly, and it was most definitely not funny.
I was at a fortieth birthday party a number of years ago in an old friend's house in a very respectable area with my partner.
The house was full of interesting people all behaving themselves and having a nice time.
A large number of players from the local rugby club were there who had won a match that day and were celebrating but behaving themselves.
I was driving my A4 Quattro which was only about four months old at the time so I was not drinking but enjoying the food.
The last thing I vaguely remember is gripping a chap's hand I barely knew and slapping the Quattro keys into his palm apparently around 11PM.
I told him it was a great car and to keep it and enjoy it!!!!
I woke up at around 3am in a drainage ditch SEVEN MILES away in the middle of the country!
Fortunately I was wearing a Dryzabone coat so wasn't frozen stiff, but I couldn't get up out of the ditch, I could only look up at the stars and move my head, and it was bloody terrifying.
After what seemed an age, but was probably about half an hour some strength returned to my arms and legs and I managed to get up out of the ditch and into a seated position.
After a further hour I managed to walk the final four miles home, but it was in a state I can only describe as dream like; it was nothing like being drunk.
I remember falling into bed and then nothing until my partner ran into the room howling with relief accompanied by two coppers who apparently had been combing the countryside.
They took one look at me and left!!
After three days of being totally unable to function I gave in and went to the A&E and was told I had been heavily sedated with an unknown substance. The doctor however suggested that we did not record this in my medical records as it would go down as a drug incident!!
So what would have happened if I had gotten into the Audi and tried to drive home?
How would one defend that?
There should be utterly draconian penalties for individuals that spike someone's food or drink: the consequences are drastic and clearly could even be fatal.
Dwight VanDriver said:
No evidence that he drove so no action
In charge - (presumtion)they may have considered the statutory defence, believed it and threw that out.
What now?. If I had been involved then a letter to DVLA about the apparent 'blackout' so that medical procedure can be involved to see if fit to hold a licence.
dvd
In charge - (presumtion)they may have considered the statutory defence, believed it and threw that out.
What now?. If I had been involved then a letter to DVLA about the apparent 'blackout' so that medical procedure can be involved to see if fit to hold a licence.
dvd
Does seem to be a strange situation.
I think your presumption is right, Dwight. For those that dont know, there is a statutory defence for DD if your drink is spiked.
I guess if they played the situation through, the defendant would give a believable testimony and the CPS would have nothing to disprove the 'evidence'.
A lot of footballers/soap stars would have paid a good £4000 for a defence like that!
Dwight VanDriver said:
If I had been involved then a letter to DVLA about the apparent 'blackout' so that medical procedure can be involved to see if fit to hold a licence.
dvd
dvd
He was drunk - very drunk - possible spiked (although when he woke up it felt like a normal heavy hangover, not as Jith has described above). I think that is why he suffered blackout.
I can see where you are coming from DVD - but think this was definitely alcohol/drug related.
He basically remembers being at party, then remembers being woken up in cell. When he went to pay his "hotel bill" for being drunk and disorderly, the police mentioned the Drink Drive charge - which he denied. This is where it all started getting a bit weird - and there followed lots of court dates!
I think I may need to make my original post clear - when the police explained the circumstances in the police station - he was asleep on the hard shoulder (NOT in his car!), but the car was running, and obviously keys were in ignition, but he was on the floor with his head under the car and feet hanging out!
Therefore his defence was that he hadn't driven. No one had seem him driving, he was just asleep by side of car. His question to the prosecution was that if they could prove he was driving, then he would plead guilty - but they couldn't.
It is very possible that a couple of mates had done it as a laugh - driven him to motorway in his car, left him there etc etc - but none of them have yet admitted it - but then again would you when this resulted in court?
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