DD 9 months ago - nothing heard
Discussion
I wonder if the PH legal brains can give a definitive answer (if there is one).
Friend of a friend (yes I know, but genuinely not me guv) had a collision with a parked vehicle. No injuries, but damage to the parked vehicle and his.
The attention of passing police was attracted and I understand that he was breathalysed roadside - well over the limit (potentially almost double as my friend recalled today).
He opted for blood at the station for the evidential test which was taken in good time, with the second sample given to him.
This was around 9 months ago and he says he has heard nothing from the police or courts. He’s checked his licence status with the DVLA and there’s nothing on there. He has heard from his insurer, but they are insisting on a police report, which for obvious reasons he is reluctant to chase. I don’t think he’s heard directly from the 3rd party or their insurer.
With it being 9 months since the incident, has he got away with it?
As the details are second hand I can’t verify any of this, but will answer any requests for more info if I can.
Friend of a friend (yes I know, but genuinely not me guv) had a collision with a parked vehicle. No injuries, but damage to the parked vehicle and his.
The attention of passing police was attracted and I understand that he was breathalysed roadside - well over the limit (potentially almost double as my friend recalled today).
He opted for blood at the station for the evidential test which was taken in good time, with the second sample given to him.
This was around 9 months ago and he says he has heard nothing from the police or courts. He’s checked his licence status with the DVLA and there’s nothing on there. He has heard from his insurer, but they are insisting on a police report, which for obvious reasons he is reluctant to chase. I don’t think he’s heard directly from the 3rd party or their insurer.
With it being 9 months since the incident, has he got away with it?
As the details are second hand I can’t verify any of this, but will answer any requests for more info if I can.
Derek Smith said:
There's a significant backlog in the legal system. I don't know the current wait time, but it's shorter than that for cancer treatment I believe.
My wife was diagnosed with cancer 4 weeks 1 day ago. She had the operation removing the cancer 6 days ago.That’s not really a massive backlog in my book
There’s not a definitive answer here.
Information would need to be laid before the Court within 6 months of offence date.
It’s possible that the postal requisition has been sent but he hasn’t received it.
It’s also possible that a PR was never raised. Delays happen with forensic samples
Therefore I’d advise your stupid friend to contact the relevant force and ask for an update. Worst case, if he missed the PR and didn’t appear they may issue a warrant.
Information would need to be laid before the Court within 6 months of offence date.
It’s possible that the postal requisition has been sent but he hasn’t received it.
It’s also possible that a PR was never raised. Delays happen with forensic samples
Therefore I’d advise your stupid friend to contact the relevant force and ask for an update. Worst case, if he missed the PR and didn’t appear they may issue a warrant.
carreauchompeur said:
There’s not a definitive answer here.
Information would need to be laid before the Court within 6 months of offence date.
It’s possible that the postal requisition has been sent but he hasn’t received it.
It’s also possible that a PR was never raised. Delays happen with forensic samples
Therefore I’d advise your stupid friend to contact the relevant force and ask for an update. Worst case, if he missed the PR and didn’t appear they may issue a warrant.
ThanksInformation would need to be laid before the Court within 6 months of offence date.
It’s possible that the postal requisition has been sent but he hasn’t received it.
It’s also possible that a PR was never raised. Delays happen with forensic samples
Therefore I’d advise your stupid friend to contact the relevant force and ask for an update. Worst case, if he missed the PR and didn’t appear they may issue a warrant.
My friend and I aren't trying to help him here - he has to deal with it himself.
It's more an interest in whether he's been extremely lucky or there's still a possibility of things happening, and if he has been lucky, what might have occurred.
Edited by VSKeith on Thursday 4th July 20:28
carreauchompeur said:
There’s not a definitive answer here.
Information would need to be laid before the Court within 6 months of offence date.
It’s possible that the postal requisition has been sent but he hasn’t received it.
It’s also possible that a PR was never raised. Delays happen with forensic samples
Therefore I’d advise your stupid friend to contact the relevant force and ask for an update. Worst case, if he missed the PR and didn’t appear they may issue a warrant.
Who lays an “information” in 2024? Information would need to be laid before the Court within 6 months of offence date.
It’s possible that the postal requisition has been sent but he hasn’t received it.
It’s also possible that a PR was never raised. Delays happen with forensic samples
Therefore I’d advise your stupid friend to contact the relevant force and ask for an update. Worst case, if he missed the PR and didn’t appear they may issue a warrant.
A Written Charge + Postal Requisition does not require an “information” to be laid. I posted a long explanation in a recent thread.
ETA: https://www.pistonheads.com/gassing/topic.asp?h=0&...
Has your friend a problem with his memory ?
You say he was well over the legal limit but opted to give blood ?
The legal limit is 35
Prosecution limit based on the lowest of two breath samples is 40 ( blow 41 and 40 you will be prosecuted, blow 40 and 39 you will not be prosecuted)
The option to give blood is only given
1) if you blow between 40 and 49
2) The evidential breath test machine is out of order
3) Very Exceptional other reasons (cant ever recall this happening in 30 years)
Why if he was well over the limit did he give blood ?
I suggest he may have blown between 40 and 49 and then opted to give blood which has been tested and come back at a level below the prosecution limit, hence no prosecution follows
You say he was well over the legal limit but opted to give blood ?
The legal limit is 35
Prosecution limit based on the lowest of two breath samples is 40 ( blow 41 and 40 you will be prosecuted, blow 40 and 39 you will not be prosecuted)
The option to give blood is only given
1) if you blow between 40 and 49
2) The evidential breath test machine is out of order
3) Very Exceptional other reasons (cant ever recall this happening in 30 years)
Why if he was well over the limit did he give blood ?
I suggest he may have blown between 40 and 49 and then opted to give blood which has been tested and come back at a level below the prosecution limit, hence no prosecution follows
edthefed said:
Has your friend a problem with his memory ?
You say he was well over the legal limit but opted to give blood ?
The legal limit is 35
Prosecution limit based on the lowest of two breath samples is 40 ( blow 41 and 40 you will be prosecuted, blow 40 and 39 you will not be prosecuted)
The option to give blood is only given
1) if you blow between 40 and 49
2) The evidential breath test machine is out of order
3) Very Exceptional other reasons (cant ever recall this happening in 30 years)
Why if he was well over the limit did he give blood ?
I suggest he may have blown between 40 and 49 and then opted to give blood which has been tested and come back at a level below the prosecution limit, hence no prosecution follows
Wrong. That option was removed in 2015.You say he was well over the legal limit but opted to give blood ?
The legal limit is 35
Prosecution limit based on the lowest of two breath samples is 40 ( blow 41 and 40 you will be prosecuted, blow 40 and 39 you will not be prosecuted)
The option to give blood is only given
1) if you blow between 40 and 49
2) The evidential breath test machine is out of order
3) Very Exceptional other reasons (cant ever recall this happening in 30 years)
Why if he was well over the limit did he give blood ?
I suggest he may have blown between 40 and 49 and then opted to give blood which has been tested and come back at a level below the prosecution limit, hence no prosecution follows
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