drink driving summons

pgltbso

If someone got a drink driving summons with a misspelt address and the urine analysis from the medical bureau had a misspelt name,is there a chance it could be thrown out?its a 2nd offence.

legaleagle10

pgltbso wrote: »

If someone got a drink driving summons with a misspelt address and the urine analysis from the medical bureau had a misspelt name,is there a chance it could be thrown out?its a 2nd offence.

Like most legal cases it depends on the judge i.e whether he will allow the evidence to be admitted. In my opinion I'd say defence counsel would just explain to the court the administrative error and it may be okay. It's not like its a warrant with the wrong address or something?

pgltbso

No,it was just a summons to appear in a few months with a different spelling of my address and the analysis finding from the medical bureau,which was sent months ago had a different name to me(for example-not my name-it said O'Carroll and my name is Carroll),not a huge difference but thought everything had to be 100% accurate?

sealgaire

No, you are going to lose you license and hopefully (for all of our sakes) GO TO PRISION!!!!!!:mad:

PCPhoto

second offence..... lesson not learned.

"if you are going to drink....don't drive - if you are going to drive ....don't drink"

I'm sorry to say you should expect a custodial sentence or a very hefty fine and lengthy ban from driving....you can appeal for leniency but chances are the judge will not be a happy camper.... first offence fair enough ..but second offence - thats just bad.

the name error was more than likely an admin error and can be corrected/ammended in court - it doesn't impact on the fact you were caught drinking and driving.

Ask yourself if its really worth the punishment ?
- do you really get so much enjoyment from a few jars that you need to drive home afterwards?
- is there no public transport or taxi's which you can get and return the next day for your car (while sober)
- could you not find a family member to drop you and collect you from the pub?
- can you not do a deal with "drinking buddies" that one of the group drinks minerals every time you meet - everyone takes turns and everyone gets a few nights of drinking and safely driven home.

pgltbso

To Sealgaire,
get a grip on yourself and go back to your perfect life,u know nothing about me so don't judge.Everyone else,cheers for the advice,it is second offence but last one was years ago and this one was after sleep,never thought i'd still be over limit.

sealgaire

Sitec wrote: »

Not much point in blurting all that at him now, the damage is done.

Op is looking for legal advice. Why don't you speak to your solicitor about the situation. If anyone knows it will be them.

I think there is a point in "blurting" that at him now, If he has done it twice he will do it a third. . . .

pgltbso

Seriously sealgaire,am not looking for your opinion.There will never be a third,as I said,it was after sleep,NEVER thought i'd be over the limit,if I did I wouldn't have taken a chance.And why do you assume I'm a 'HE'?

sealgaire

I don't know what gender you are but grammatically speaking, 'He' is the correct way of refering to a person of unknown gender. Thats all . ..

CokaColumbo

This is not the morality forum. People's opinions on the morality of this guy's actions are totally irrelevant to the subject of this thread.

Laisurg

sealgaire wrote: »

I think there is a point in "blurting" that at him now, If he has done it twice he will do it a third. . . .

He slept in between drinking and getting into the car, so it's certainly not as bad as having drinks then driving, was your driving impared at all? and were you still drunk at all? If not you might be able to argue that the other offence was years ago when you were younger and that while you still failed the breath test you had been asleep in between the drinking and the driving and you weren't actually intoxicated, although it depends on the judge really.

FreudianSlippers

Question asked and answered.