I just had the worst day ever, please read and reply, whatever your view?

Question

I got arrested whilst on a one mile drive to see my wife ( she had no money for her lunch and it was 5:45 am) for being drunk in charge of a car.
I hold my hands up to having a drink and being over the limit for the road side test, but only just, and must wait for the blood test to tell the truth, so please do not judge me too harshly just yet.

So, if you will, the story is this ...

I change lanes without indicating my intention, but all lights are green and no harm could be done.

A car follows me and as I try to turn around (to see if they are following me), they cut me of and shout something unheard at me, the driver was in civilian clothes and I speed of thinking I may be under attack.

I tried to turn around again 20 yards later at which time the car still following me blocks me in and a man jumps out and takes my key's.

At this point it is clear they are policemen and I accept my fate.

I am asked to sit in their car, which I do, and then I try to use my mobil

(or cell phone to you).

He tells me not to use my phone until they are done with me, so I put my phone back in my pocket.

One of the policemen then ''skips'' around my car in great delight shouting ''you've a bald tyer here, your fucked mate, wow another one, your really fucked, your cars a **** heap'' to which I stayed in their car and said nothing.

I was then breaterlised and arrested and shut in the car, alone.

So I tried to phone my wife, because I thought I had been delt with.

At this point the car door was opened and a policeman grabbed my phone, and my hand, and dragged me out of the car.

I must say that at that time I had done nothing except what I was told, and had not put up any resistance.

So, as I was dragged out of the car another 6 or more police jumped on me and one (by his own admission) punched me 3 times in the face to subdue me and another sprayed me with CS Gas.

I was pushed backwards and trapped my hand in the top of the police car door so I have 6 + coppers telling me to lay down, punching me, and spraying me with gas to get me on the floor when all I had done was

Answer 1

In the future, make your wife lunch before she goes to work. It could have been worse.

Answer 2

By your own admission, you had been drinking alcohol. The roadside test is only a screening device to satisfy a court that the officers had the right to detain you.
The further test, either a breath test, which you obviously refused - because this is the first option - or the blood test, the one you opted for is split into two containers. One is given to you - and you have a choice of one of the two - and the other is retained for evaluation by the Forensic Science Lab. You are at liberty to have your sample analised and, if your's differs from the other and is below the limit, your Solicitor will argue the case in court (if it gets that far).
The use of your mobile phone is not allowed at the scene but you have the right, at the Police Station, to make a call from there. Giving anyone the opportunity to make a call while under arrest on the street could be dangerous for the Police in that you might be calling an accomplice with less favourable motives.

If you think that the time of day has any bearing on your misfortune, think again. You might have been the only car on the road - apart from the Police - any other vehicle or pedestrian might have been a victim of a misjudgement on your part either on the way to meet your Wife or more likely on the way back, when your urgency had passed and your relaxed driving might have been dangerous.

Seen it all many times before - and the terrible consequences too.

Ah! Now the tide is turning, or is it? I don't believe this story is factually correct and a considerable amount is fabricated. I have seen this time and time again, where a defendant has resorted to lies and deception in order to gain the Court's sympathy. However, I think this is a made up story, being added to for effect and is totally false.

Answer 3

You are going to lose your licence - simply no way out. Pleading guilty might get you a shorter suspension period, its very strict now. You can get the period halved if you do a drink/driving course which you have to pay for (around £150 - £200). The judge doesn't care why you were driving you were over the limit and should simply not drink and drive. Very simple case for the courts these days, might not be so bad as you may be just over the limit, they do take this into consideration but seeing that it was your "bad" driving that attracted the police in the first place you must have been doing something wrong.

You will have to take out a separate case to sue the police but proving it could be very expensive - you wont get legal aid so you will have to pay. Check with the police if your arrest was on video camera as that may save you, otherwise never drink and drive again.

Answer 4

You already know that you really, really messed up when you got behind the wheel to drive while under the influence so I won't continue to scold you. Thought you might need to know that others who consider themselves to be responsible, mature people also make this mistake...

Five years ago I had a glass of wine at an art opening without considering that I was driving myself. After leaving the reception, I met up with a group of friends at a local pub where I did not drink. Several hours later, as I drove home, I had a problem with a mosquito in the car. My driver's side automatic window had stopped working and so I rolled the passenger a crack and was trying to shoe the thing out when I noticed a car following me. I knew I had swerved a little trying to get the mosquito to fly out, but it was well after midnight and I was one of very few cars still on the road. Of course you know it was the highway patrol and he did indeed pull me over. I remembered thinking I'd had that drink about 5 hours earlier. Of course, I was not drunk but I felt so guilty that my hands started to shake and I couldn't find my driver's license. It took me a full 10 minutes to locate it in my messy wallet. I'm 50 years old and my children are grown. Plus, I'm a teacher which somehow makes it even worse. All I could think about was how I would disgrace my kids if i got hauled in for being under the influence. I preach to them about not drinking and driving. Here I am, not guilty of anything except that one little glass of wine from hours before.This guy must have thought I was on drugs or something. For whatever the reason, the officer let me go with a stern warning. I haven't had anything to drink since if I am going to be the driver.

Answer 5

If the situation arose in the circumstances that you have described then you may well have cause for complaint as there seems to be several procedural errors in the way you were dealt with. This includes that alleged level of the use of force when you were arrested.

However, I know from personal experience that the description of events are usually very blurred when explained by the perpetrator who, by your own admission, had been drinking.

Having said that though, it's up to the individual officer to justify their own use of force and if they can't, they may find themselves in trouble.

As for the relevant law, I can only speak for the UK law but if you have been given the option of a blood sample then you were well above the legal drink drive limit when your samples were given.

Answer 6

Sorry, but I have no sympathy for anyone who drives drunk, even if it's only a little over the limit. If you knew you were slightly over the limit you should have driven as carefully as you could and made sure you obeyed every traffic rule and regulation. You changed lanes without indicating so, and were just damn lucky that nothing happened. In view of the whole thing you are lucky that you didn't hurt yourself or anyone else. Too many people drive drunk and they come out of it fine but the other person doesn't. I can't have pity for you that you had the worst day ever, you brought it on yourself. Next time you will hopefully know better and get someone to drive you to where you need to be. Nothing, even your wife's lunch is worth risking lives.

Answer 7

Drunk at 5:45 a.m.????
However they pulled you over is immaterial - you committed a driving offence and were subsequently found to be over the limit. You have coming what you have coming, I'm afraid. However, I must ask what the he11 your question is? Do we think you were treated harshly? No. Do we think you have a case for police harrassment? No. Do we think they should be allowed to bring a drink drive case against you because they did not pull you over 'properly'? Yes. Are you an idiot for getting behind the wheel over the limit to take your wife some LUNCH MONEY???? Yes and thrice yes. Do we believe the crap about being subdued by 6 police officers??? No.

Answer 8

Job well done I say!

Drink drivers should be put in the same cell block as kiddie fiddlers... scum of the earth!

You admited to us that you knew you were over the limit! What do you want? A medal? Better that you take a bit of a shoeing than you cause an accident....

Answer 9

Let's face it you only have yourself to blame.

Do the crime pay the fine, maybe just maybe a good plea in mitigation will avoid the bann but I doubt it.

Next time when you get yuour licence back use a taxi, this country is moving towards a no tolerence stance on drink driving so that even morning after drivers will be caught out perhaps at lunchtime.

Answer 10

Absolutely no sympathy (even if your story is grossly exaggerated - which I'm sure it is).

Drink driving costs innocent people their lives. The fact that you are making more of the way you were dealt with, than the fact that you were over the limit concerns me.

Here's hoping you get a lengthy ban.

Answer 11

you plonker

i agree with almost everyone else- especially eriver-
you were caught driving under the influence -
driving' all over the road mp '
in a car with dodgy tyres - oh dear how sad never mind!

6 police offers jumped you? the truth is out there matey but the lies are all in your head