anybody ever been to court?

BarryLFC · 09-28-2007, 02:14 PM

Quote:

Originally posted by James Tringham:
<BLOCKQUOTE>Originally posted by HD:
I'd think the evidence of himself and the friend would be enough, but you never know.

In theory it ought to be but police evidence tends to be given much more credence.

Barnsey - you haven't nicked a copper's gf or anything have you? </BLOCKQUOTE>

Yeah, but the police evidence won't contradict what he's saying? All they can say is that they drew the conclusion that he was going to drive from the circumstances.

It's a case that's prime for dropping, IMO. A good solicitor would be on the phone to the prosecutor getting rid of it.

retired_blondchan · 09-28-2007, 02:21 PM

Quote:

Originally posted by HD:
<BLOCKQUOTE>Originally posted by James Tringham:
<BLOCKQUOTE>Originally posted by HD:
I'd think the evidence of himself and the friend would be enough, but you never know.

In theory it ought to be but police evidence tends to be given much more credence.

Barnsey - you haven't nicked a copper's gf or anything have you? </BLOCKQUOTE>

Yeah, but the police evidence won't contradict what he's saying? All they can say is that they drew the conclusion that he was going to drive from the circumstances.

It's a case that's prime for dropping, IMO. A good solicitor would be on the phone to the prosecutor getting rid of it. </BLOCKQUOTE>

The police wont even have to make comment about whether they thought he would drive or not, it's largely irrelevant to the case against him from their point of view.
It's up to him and his lawyer to prove that he wasn't going to drive the car, or as you say try and get it dropped before it goes to court.

retired_drumcook · 09-28-2007, 02:24 PM

Quote:

Originally posted by HD:
<BLOCKQUOTE>Originally posted by James Tringham:
<BLOCKQUOTE>Originally posted by HD:
I'd think the evidence of himself and the friend would be enough, but you never know.

In theory it ought to be but police evidence tends to be given much more credence.

Barnsey - you haven't nicked a copper's gf or anything have you? </BLOCKQUOTE>

Yeah, but the police evidence won't contradict what he's saying? All they can say is that they drew the conclusion that he was going to drive from the circumstances.

It's a case that's prime for dropping, IMO. A good solicitor would be on the phone to the prosecutor getting rid of it. </BLOCKQUOTE>

Quote:

5 Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit

(1) If a person—

(a) drives or attempts to drive a motor vehicle on a road or other public place, or

(b) is in charge of a motor vehicle on a road or other public place,

after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.

(2) It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

Little chance of the prosecution being dropped imo, they have to consider before charging whether there is a reasonable chance of conviction, so doubt they have any reason to change their minds now.

Barnsey22 has a defense if he can prove he wasn't going to drive the car. I'm not convinced he's giving us the full story however.

retired_DonWon · 09-28-2007, 02:31 PM

So if Im plssed at home, and go and get something from my car parked on the drive, technically I can be done for drink driving?

Ive been to court once, as a key witness for the prosecution, was really quite exciting.

Nicoblu · 09-28-2007, 02:33 PM

Some girl said I sexually assualted her when she I was 14. I actually quite liked court and all that.

retired_blondchan · 09-28-2007, 02:36 PM

[QUOTE]Little chance of the prosecution being dropped imo, they have to consider before charging whether there is a reasonable chance of conviction, so doubt they have any reason to change their minds now.
QUOTE]

Dont strictly agree with that, it's not for the police to decide if he would have driven or not.
The statutory defence is for use at court. The police are duty bound to report the circumstances whether they believe he would have driven or not and it's up to the court whether or not to accept the defence.

retired_kaila4337 · 09-28-2007, 02:37 PM

[QUOTE]Originally posted by Father Senegal:
So if Im plssed at home, and go and get something from my car parked on the drive, technically I can be done for drink driving?

[QUOTE]

my ex's best mate got done for that. She was at a house party, at her own house, went out to her car to get some fags, coppers saw her and nicked her for being in charge of a vehicle whilst under the influence. Got a 12 month ban ffs.

retired_blondchan · 09-28-2007, 02:37 PM

Quote:

Originally posted by Father Senegal:
So if Im plssed at home, and go and get something from my car parked on the drive, technically I can be done for drink driving?

Ive been to court once, as a key witness for the prosecution, was really quite exciting.

You'd be done for drunk in charge, it's the same section of the road traffic act but the charge is worded differently

retired_drumcook · 09-28-2007, 02:40 PM

Quote:

Originally posted by wsm999:
Dont strictly agree with that, it's not for the police to decide if he would have driven or not.
The statutory defence is for use at court. The police are duty bound to report the circumstances whether they believe he would have driven or not and it's up to the court whether or not to accept the defence.

Between the police and court you have the CPS, who have to decide whether the prosecution is in the public interest and has sufficint chance of success. They must have already decided that if he's been charged, so they are unlikely to drop the case now given exactly the same set of facts.

That was the point I was making, it's almost certainly going to court.

retired_blondchan · 09-28-2007, 02:41 PM

Quote:

Originally posted by wsm999:
<BLOCKQUOTE>Originally posted by Father Senegal:
So if Im plssed at home, and go and get something from my car parked on the drive, technically I can be done for drink driving?

Ive been to court once, as a key witness for the prosecution, was really quite exciting.

You'd be done for drunk in charge, it's the same section of the road traffic act but the charge is worded differently </BLOCKQUOTE>

Actually scratch that, if your car is in your drive then you're on private land and they can't touch you for it.

anybody ever been to court?

Grab a beer, sit back and relax.

anybody ever been to court?