Drink drive solicitor needed for a friend

[Trickie Dickie]

Don't worry "friend's of Trickie" this is not for me!!!!!! but for a friend at the gym. HONEST

I know he has had rather a lot of bad luck for a while now and the latest was last weekend
He was breathalised at 37mg when the prescribed limit is 35mg - so was only just over the limit.

He is a big, physically fit guy that thought that at 2 pints he should have been under the limit.
He had not intended to drive that evening, and was only doing a good Samaritan favour for his Ex and their son.

He has also just been made redundant and I know has had several other episodes of bad luck
so I am just trying to help a mate and was wondering if anyone has had any experience or can recommend someone who
could possibly save him from a ban, as he will find it much harder to find a new job when banned from driving.

I would like to state at this point that neither of us condone driving after any drink
He is willing to take the punishment for his crime - but at the moment this just feels like the last nail in the coffin for the poor guy.

PM me if you prefer

Thanks
Richard

[Waitey]

Did he not request the blood test?

For a 2 mil step over the limit i'd have demanded it!

[Trickie Dickie]

Waitey said:

Did he not request the blood test?

For a 2 mil step over the limit i'd have demanded it!

I said that but I don't think he knew he could.
I don't think he has even been breathalised before

Richard

[RichBurley]

I think that although the limit is 35 whatever in the whatever, the constabularies have their own thresholds (spelling) above which they prosecute.

Although problem is, he is above the prescribed limit. I wonder why he was stopped?

Disclaimer - although I am a solicitor, this is not my area of law at all!

[Trickie Dickie]

RichBurley said:

I wonder why he was stopped?

I believe he was stopped by an unmarked car for exceeding a 30mph (and not by a lot)
which was quickly forgotten when the breathaliser was used.

Richard

[Druid]

Waitey said:

Did he not request the blood test?

For a 2 mil step over the limit i'd have demanded it!

He should have been offered it after being breathalised on the machine in the nick, but may have been too confused to realise. What did he blow at the roadside? Was he on the way up or down?
Some forces would have had him walking home under 40mg but it sounds like he met a Bobby doing their job.

Lessons for all I suppose.

[930gaz]

lesson is dont drink and drive !!!

[insurance_jon]

Was it north yorks? They have a zero tollerance policy. One of their cars pulled my old fella (76 and wont listen) , but he was over the border into pontefract. Which mean he had to be breathalised in Ponte nick. He blew 38 and they let him walk, but over the border in selby its a ban

[Trickie Dickie]

930gaz said:

lesson is don't drink and drive !!!

Thanks for the statement of the obvious Garry

If you read my original posting you will see that neither of us condone drinking and driving
and that I am only trying to help a friend who is having a run of bad luck which seems to be getting worse.

I like to think I am someone who doesn't kick someone when they are already down

Thanks
Richard

Update - He was not offered a blood test at any point apparently

[jas xjr]

i was let off for 37 a good few years ago. had forgotten to eat that day

[RichBurley]

A blood test need only be offered if there is any doubt as to the reading. Again, i'm not a drink drive solicitor, but if if could show that there might be some doubt in the breath test, then the fact that he was not offered a blood test would be significant?

[Druid]

To clarify one point:

1. He will not be prosecuted under 40mg.

Assuming he is to be prosecuted then he registered more than that!

Edited by Druid on Saturday 6th February 13:17

[Druid]

RichBurley said:

A blood test need only be offered if there is any doubt as to the reading.

or if the result is between 40 and 50. If he wasnt offered blood then he was either below 40mg or above 50mg. Below 40 he walks above 50 hes prosecuted without the offer of blood.

Sorry to say it but people are embarrased by these situations and will lie. Not a judgment on your friend just a common human reaction.

[foRSter]

i can confirm, if its under 40, he wont get prosecuted.

[930gaz]

Didn't want to up set any one with my post,

Trickie Dickie said:

930gaz said:

lesson is don't drink and drive !!!

Thanks for the statement of the obvious Garry

If you read my original posting you will see that neither of us condone drinking and driving
and that I am only trying to help a friend who is having a run of bad luck which seems to be getting worse.

I like to think I am someone who doesn't kick someone when they are already down

Thanks
Richard

Update - He was not offered a blood test at any point apparently

[RichBurley]

Druid said:

RichBurley said:

A blood test need only be offered if there is any doubt as to the reading.

or if the result is between 40 and 50. If he wasnt offered blood then he was either below 40mg or above 50mg. Below 40 he walks above 50 hes prosecuted without the offer of blood.



Sorry to say it but people are embarrased by these situations and will lie. Not a judgment on your friend just a common human reaction.

I think this is the most likely situation...

[Trickie Dickie]

Thanks for all the replies guys - (and I include your reply as well in that Garry)

I was just looking for some constructive help
and hoping that PH knowledge and experience would prevail as always

I will stick my friend in the Sauna at the gym and make him sweat until I get the whole truth out of him
and see if there is anymore to report

As poster above, apparantly he had not eaten all day as well (something you won't ever catch me doing!!!!)

Thanks
Richard

[blackcab]

Incredible .. regardless of the circumstances, 2 pints, no food, samaritan etc. if you get in the car after you have had a couple of drinks then you deserve all you get, perhaps his lifes falling apart because he doesn't think things through?
Rant over.

[falkster]

I dont think he is looking to be judged, everyone has views on drinking and driving but Richard merely asked for advice for his friend.