What Happens When You Get Caught Drink Driving

Website: www.majlaw.co.uk
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In this video, we talk about what happens if you're charged with drink driving, what to expect at the police station, and then what happens when the case goes to court. .
Police Station Procedure
First of all, you're normally checked in at the custody desk with the custody sergeant. You'll carry out a short risk assessment because the sergeant is in charge of your care, your safety and your well-being and he needs to know that you're safe and well enough to be detained. There may also be some mental health questions that he asks you. Once that process is complete, they're probably going to want to breath test you fairly quickly - drunk driving offences are time sensitive and the police realise this, so they're going to want to get you on the breath machine as quickly as possible. The police are going to want the highest breath reading, and the easiest way to get the highest breath reading is to fast track because alcohol levels are going to drop and reduce over time.
Before you blow into the machine, have a think about whether you recall the police officer going through any paperwork or asking you any questions. It normally involves a police officer completing what is usually a 20-to-25-page booklet with you in the breath test room known as the MGDDA document. There are also various requirements that they have to give you as well. Did the police formally and legally require you to provide a sample of breath, or did he just tell you that you had to give a sample of breath? Did they make it sound optional? What did they say would happen if he didn't provide a sample? They'll sometimes try and make it sound a lot worse. If you refuse to give a sample of breath in police custody, were there any options of blood or urine in certain circumstances? Was the mouthpiece replaced on the device? Do you remember the machine making any funny noises? Did you clock the sticker on the machine that might have shown the last calibration date or service date? Would the officer have made any passing comments about the machine not working properly recently? All of this matters in a drink driving case, because that breath reading (at least for the prosecution) is some of the most important evidence, if not the most important evidence that they can gather against you in a drink driving case.
The Court Case
If the police don't do their job properly and stick to their own rules, then they shouldn't be entitled to achieve a conviction in a courtroom. They shouldn't be allowed to use evidence which has been gathered as part of that investigation. So why is it so important to get a solicitor?
There are different types of solicitors that can attend court to represent clients. You can even employ a barrister through direct access to come to court with you on that court date. Because of how technical drink driving cases can potentially be, make sure that whenever you instruct a solicitor, the solicitor is well versed in dealing with this area of law, has a proven track record in defending cases like these, and ultimately knows what to say and how to handle a case on that court date and make sure you get support. Also, make sure you get a mobile number for the solicitor that's acting for you. There's nothing worse than employing a solicitor and you never hear from them again.
I hope I've answered some questions about what to expect if you are charged with drink driving. It's impossible in a single video to talk about what will happen in every drink driving case because every case is different and every case is handled in a slightly different way. If you have got any questions about the situation that you find yourself in, then please get in touch. All our initial advice is completely free of charge and you'll find our contact details on our website.

[@cyril4046]

8:12 Drunk drivers are kept in custody to sober up? The European Court of Human Rights had France ban this practice in 2011. How did the UK avoid that? The UK is under its jurisdiction.
Is it still impossible for drunk drivers to be picked up at the police station by someone?

[@scottreid213]

Hi,
What happens if the prosecution fail to provide for the second hearing CCTV footage of the breathalyser room when a test is conducted? Also, what happens if they fail to provide that and any other evidence by the required time set by the court at the first hearing?
Thank you.