drink driving charge
Discussion
We have just been told that a friend of the family has written a car off and was tested positive at the time.
The accident happened a few weeks ago and since then he has been seen driving.
What we cannot work out is, if you fail a breathtest and get a summons can you still drive? I think you can because it is the court who bans you.
Anyway can someone please clarify?
Ta
D.
The accident happened a few weeks ago and since then he has been seen driving.
What we cannot work out is, if you fail a breathtest and get a summons can you still drive? I think you can because it is the court who bans you.
Anyway can someone please clarify?
Ta
D.
It is possible that the first appearance at court can see an interim disqualification applied by the magistrates before sentence is passed if they are waiting for reports to be done by the probation service etc.
The court can also apply bail conditions i.e. that the defendant does not drive any motor vehicle until the next appearance at court.
If the reading was particularly high in relation to breath or blood/urine, or the circumstances of the crash were serious to others involved, then it would be more likely that either of the above are placed on the defendant.
If there were no real aggravating circumstances other than the fact the defendant was over the drink drive limit, then he/she may be given unconditional bail until the case is ready to be dealt with. That means that there is no restriction on their driving until the court pass sentence.
Where drink drive is concerned it is unusual these days to be summonsed for the offence.
The procedure is usually to charge all those that provide breath specimens above the prosecution limit.
Those that provide between 40 and 50 microgrammes of alcohol in 100 ML of breath are offered a replacement test which will be of blood. In this case as with any other specimen taken for analysis by the Forensic Science service, the accused person is bailed under Section 47(3) of the Police Bail act which allows the Police to require the accused to re-attend the Police station at a given time and date to be charged with the offence and re-bailed to court 4 days later or told that the sample proved below the limit. This period of Police bail (47(3))is usually 4 to 6 weeks.
The Police can place conditions in the Police bail but it is not likely they will state the accused should not drive.
When a person is charged, they are bailed to appear at court. Failure to attend after accepting bail is a criminal offence in itself.
>> Edited by madcop on Wednesday 4th June 19:11
The court can also apply bail conditions i.e. that the defendant does not drive any motor vehicle until the next appearance at court.
If the reading was particularly high in relation to breath or blood/urine, or the circumstances of the crash were serious to others involved, then it would be more likely that either of the above are placed on the defendant.
If there were no real aggravating circumstances other than the fact the defendant was over the drink drive limit, then he/she may be given unconditional bail until the case is ready to be dealt with. That means that there is no restriction on their driving until the court pass sentence.
Where drink drive is concerned it is unusual these days to be summonsed for the offence.
The procedure is usually to charge all those that provide breath specimens above the prosecution limit.
Those that provide between 40 and 50 microgrammes of alcohol in 100 ML of breath are offered a replacement test which will be of blood. In this case as with any other specimen taken for analysis by the Forensic Science service, the accused person is bailed under Section 47(3) of the Police Bail act which allows the Police to require the accused to re-attend the Police station at a given time and date to be charged with the offence and re-bailed to court 4 days later or told that the sample proved below the limit. This period of Police bail (47(3))is usually 4 to 6 weeks.
The Police can place conditions in the Police bail but it is not likely they will state the accused should not drive.
When a person is charged, they are bailed to appear at court. Failure to attend after accepting bail is a criminal offence in itself.
>> Edited by madcop on Wednesday 4th June 19:11
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