Can you be found Guilty of Drink Driving if not in the vehicle when caught?

[Georgina2005]

My friend was arrested at home, whilst over the limit (3 times) for alcohol. Her ex-husband knew she had been drinking and called the Police to say she had been driving. He has got his girlfriend to give a statement and a neighbour from across the road. My friend goes to court in February. Can she be found guilty when she did not do it, but her husband has found people to back up his allegations.

[seatrout]

Her husband is obviously a persuasive character if he can get two people to lie to the Police for him

Dont you think your friend might not be telling you everything

[noxlumos]

There is a sub culture that use the police for their own petty acts of revenge in just such instances as this. This seems a simple enough fit up to me if you wanted to orchestrate it.
Unfortunatly for your friend I think it's highly likely that she will be found guilty.
Her best defence is to discredit the witness'. Have there been any instances of bad feeling between the accused and thepeople acting as witnesses against her. Have they reported her to the Police, social services, council, dss, RSPCA wrongly before etc. If they have, dig away at that, it shows that they have a grudge and are lying. the court might view that if they have lied once they will do so again and it may work in your friend's favour.
It's very easy to dismantle someone's entire life simply by falsely reporting them to the above agencies. Before you know it they have problems falling down on them like rain and unfortunatly it's very hard to prevent so long as the perpetrators have their stories straight. If they've done this, tell her to watch out for the rest, but her best bet is to prove a grudge and a lie from the witnesses re the drink driving.

[Georgina2005]

Thank you for this. Yes her ex has reported her in the past for drink driving when she was at home and she was found not guilty. He won't pay maintenance for the children and she has had to go to court over this. His girlfriend has made malicious telephone calls to her that the police have heard on her ansaphone, Social Services are involved and are not impressed with him (the husband) at all.

So I guess there are enough details from "the Authorities" that can show him and his girlfriend to be "out to get her" so to speak. Thank you for the information.

[joko]

tell him you have a number of witness who will testify that you never left the house.

[Del2035]

If the allegations are malicious then she must employ a solicitor. The solicitor will then contact the police with details of why she intends to plead not guilty. The "witnesses" may well then be reminded that they will be required to give their evidence under oath in court. If it is shown they lied they will be charged with perjury - this is pretty damned serious and a conviction often ends in a prison sentence. Its amazing how many potential "witnesses" decide they don't actually know anything when the consequencies are pointed out.

[JudgeJ]

And just to add for the benefit of leviathan that it is not a jury who will need to be convinced, Excess Alcohol is a Summary offence and can only be dealt with by magistrates.

[jutchi]

her story is bull she just cant admit to her shame of drink driving, Every xmas we get the adverts, we get the telephone number to report them and what happens? in my case nothing 17 times i reported a drink driver
he drunk in the afternoons drove home then went out in the evening and drunk some more and drove home
i informed the police when he left the pub on many occasions even told them his sly route home they did not catch him once,it left me wondering if they even care.
the thing is i do and when this person kills or injures someone i have kept details of the times i reported him i will be intrested to see what the police tell me of there efforts to catch this man because if they cannot catch this fat b*-st*-rd they cannot catch anyone.

[samueljr99]

over the limit 3 time?
35ml per 100ml is the limit so 3 x 35 is 105ml per 100ml,
this is not posible!