Author Topic: Magistrates Court  (Read 1379 times)

Offline ageofaquarius

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Magistrates Court
« on: March 03, 2014, 05:40:13 AM »
Bridget Shaw as a magistrate is well known for coming down hard on anyone who 'takes a drink'. 

A disabled lady in her 70's I am acquainted with scratched a car whilst negotiating her way out of the local parish hall, she was unaware this had happened and drove to the shops opposite and did her shopping - when she came out an honorary was standing by her car, told her she had damaged a parked car and could she please blow into bag, which she did, there was no reading because she has only the use of one lung - he told her she was okay to drive home, which she did.  Obviously shaken up that she had caused a mischief, she poured herself a large brandy - like you do. 

3 hours later the police turned up and told her she was being taken to the station for a blood test.  She had to wait nearly 4 weeks for the results - this is not done at the hospital, but the states analysis department - it was August so maybe they were all on holiday,hence the wait.

Last Thursday, 7 months after the initial knock on the door, BS charged her with DD, fined her £500 and she lost her licence for 2.5 years. 

She spent £8K on a lawyer, as her back reading was not taken into account and in any case, the honorary told her she was 'ok to drive home' and 4 hours had passed before plod turned up. 

BS got her on article 27, not the usual 28.  The poor lady had not drunk at the time of the scrap and the poor old dear is £8K poorer and 4 stone lighter - She has no previous anything, not even an insurance claim, totally unjust - BS even told her she may get a custodial sentence as her reading was quite high.

I can drink a bottle of wine and my reading would be relatively low, but on someone else it could easily be double.  This lady's previous health issues should be taken into account but were not.

I do wonder about BS, has she got a heart! The magistrates court is a circus. 

Offline cpcarrot

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Re: Magistrates Court
« Reply #1 on: March 03, 2014, 06:01:11 PM »
Sounds odd. Pretty unusual to see article 27 used as that is normally only utilised for drug offences (as it is much simpler to use article 28 for alcohol), but assuming there must have been some kind of issue with the blood test that necessitate that. Also a bit of a mismatch in the sentence - £500 is pretty low down the scale for a fine, but 2 and a half year ban is right at the very top end of the scale (where I assume this fell given they were talking about a custodial sentence). It is also somewhat odd that she was let go by the Honorary but then SOJP turned up a few hours later (how would they know to turn up in the first place, assuming it was the Honorary who told them why would they have bothered if everything was felt to be all right, and why would it be several hours later given she had gone straight home?)

If the full circumstances have not been taken into account then she has every right to appeal – I imagine her lawyer would be able to advise if she has a reasonable chance of success, but if as outlined (i.e. not taking into account the count back, or any existing medical conditions or that she hadn’t driven after consuming the alcohol) then it would certainly be worth doing.

On thing is for certain, it must have been one hell of a brandy to have resulted in her being that far up the scale!

Offline Fritz

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Re: Magistrates Court
« Reply #2 on: March 03, 2014, 11:22:20 PM »
If an £8k lawyer didn,t get her away with it, (He must have pursued every avenue at that cost), any appeal would be futile.

Offline boatyboy

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Re: Magistrates Court
« Reply #3 on: March 04, 2014, 01:05:27 AM »

Just one small question if I may, a small issue with the car, say I run over a smallish flower pot laying in the road, this startles a pedestrian who gets my J number and phones the police who appear at my door a couple of hours later and after I have had some wine with my lady, if they accused me of drink driving ( which I don't ) does anyone have a leg to stand on. Surely this cannot be correct. Did the old lady have a witness that said the old dear and had a couple of glasses of sherry at the vicarage or something.

The police are welcome to call around to investigate anything, but not to stop you having a beverage in your own home and then linking this to an incident earlier in the day.

What is the legal situation on all this ?

Offline Fritz

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Re: Magistrates Court
« Reply #4 on: March 04, 2014, 01:14:30 AM »
If you,ve only got one lung, they,d probably go down the, "Failed to provide a sample", route. Which still incurs a ban when,(Not if), convicted!!!

Offline Tosh

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Re: Magistrates Court
« Reply #5 on: March 04, 2014, 02:50:06 AM »
Just one small question if I may, a small issue with the car, say I run over a smallish flower pot laying in the road, this startles a pedestrian who gets my J number and phones the police who appear at my door a couple of hours later and after I have had some wine with my lady, if they accused me of drink driving ( which I don't ) does anyone have a leg to stand on. Surely this cannot be correct. Did the old lady have a witness that said the old dear and had a couple of glasses of sherry at the vicarage or something.

The police are welcome to call around to investigate anything, but not to stop you having a beverage in your own home and then linking this to an incident earlier in the day.

What is the legal situation on all this ?

Then the Police would no doubt use Blood Alcohol Content Calculations to establish the likely alcohol content present in a person's body at a given time prior to the taking of the evidential breath, blood or urine specimen...

Offline boatyboy

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Re: Magistrates Court
« Reply #6 on: March 04, 2014, 03:18:37 AM »
How does that work, no alcohol, then get home have say three glasses of wine over two hours and they turn up two and a half hours after the first glass.

Accusing a person of drink driving must depend on food eaten, size of person, food previously eaten earlier that day ? Blood calculation will no doubt throw up alcohol contend but when it was consumed must be proven to stand up in court, how can that be possible ? The old lady was visited three hours later after having brandy in her own home.

line 50 male soldiers up all closely the same weight and height and their body chemistry will be probably be incredibly different. This is why medicine is not a perfect science.

Is it a fact that the police can prove two hours after you arrived home, and had some alcohol in your place of residence, that  without doubt, through blood tests that you drove home drunk ?

I think not, but I am willing to be convinced with the proof.

BB


« Last Edit: March 04, 2014, 03:23:11 AM by boatyboy »

Offline ageofaquarius

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Re: Magistrates Court
« Reply #7 on: March 04, 2014, 04:13:26 AM »
Apparently it was because her reading was so high that the 2.5 year ban was given.  BS did not seem to take the back count into consideration and assumed she must have had a skin full the night before! 

For a 1st offence I believe it was excessive, especially as she had been told she was ok to drive home by an honorary. 

I don't understand how someone who has been at home for 3 hours drinking can possibly be charged with a minor prang 4 hours previously.

As stated it doesn't add up - but in BS's court its her rules.