Caught drink driving?

We have all told Adam how foolish he was which he knows. Most of us on here have not tried to smack his hand. What we have stated is the possible consequences to his actions. Most of these consequences are not pleasant and not what anybody wants to hear. However to have been informed of the worst case scenario is useful and as someone posted earlier it might help in building a defence. There is some more bad news though.... I understand that penalty points, or at worst disqualification, meted out in one E.U. country is usually  put on the 'foreigners' licence in their own country.

If you are in the U.K. now, why not have a friendly word with your own motor insurance company to see how they would deal with your problem. Also maybe speak to your household insurance lawyers as you probably have some legal assistance in that cover.

Although I am not certain of the exact limits of alcohol in Spain I understand that it is similar to the new limits in Scotland. So U.K. drivers if you are stupid enough to drink and drive in Scotland the limit there is much lower than the rest of the U.K.

Steone.  If you are in the U.K. now, why not have a friendly word with your own motor insurance company to see how they would deal with your problem.

I think in UK if one has a blameworthy accident when they are over the limit their insurance will pay out for the third party claims, but not their customer's, even when they have full comp.

Just for interest:-

A man weighing around 75kg can usually drink around two glasses of wine with a meal and remain below the limit. Your alcohol level rises considerably if you drink on an empty stomach (which is why the Spanish eat lots of bread!).

Random breath tests ( alcohol-tests) can be carried out by the police at any time (they’re more widespread during the Christmas and New Year holiday period and in July and August), and motorists who are involved in accidents or who infringe motoring regulations are routinely given alcohol and drug tests.

Drunken driving can result in a fine of up to €1,500, loss of points from your licence or its suspension and even imprisonment. Drivers who refuse to take a breath test are liable to a prison sentence of 6 to 12 months and a loss of six points. Note that the same regulations apply to cyclists, although they don’t lose any points!

If you have an accident while under the influence of alcohol, your car and health insurance could be nullified. This means that you must pay your own and any third party’s car repairs, medical expenses and other damages, which could run to millions of euros.

NB  As above,  one can never be sure what is the safe limit for you, so better not to drink at all. And remember that one's health, i.e say having a cold, affects one's body's ability to destroy alcohol. So a  heavy night can easily mean you are over the limit the next day.
 

Please refrain from morally judging the OP, we are sure he knows what he did and doesn't need anyone else telling him so.

If you are prepared to give him relevant advice or suggestions about his situation then please keep posting, otherwise  refrain from commenting.

thank you

Thank you Moderator for saying so, if folk wish to debate drink & driving they should start a separate thread.

Moderator:   If you are prepared to give him relevant advice or suggestions about his situation then please keep posting

OK,   I had missed the question by the OP:     Will they continue to chase me or Not as a resident in the UK

My 'relevant advice' reply to question:    I hope they will, as warning to others.

Our comment was a general comment not directed at any one person in particular.

The best thing this gentleman should do is either contact a Spannish or English lawyer who can advice him what to do next .He is wasting his time on this forum as nobody can give him any positive advice.

He is wasting his time on this forum as nobody can give him any positive advice.

Speak for yourself Legend - the OP has already stated otherwise.

Seems the best advice is to go and see a lawyer but I suspect the OP will have to bite the bullet and pay up - why waste more money on lawyers

Tadd1966, I spent most of my working life working with lawyers and feel your comments are a little unfair, some can be worth their weight in gold.  But choosing the right lawyer is vital.  They are highly specialised, even within sectors.  So I reckon the OP would be wasting his time seeing a provincial high street lawyer - he needs a specialist.

Acer, having also spent my working life in UK with lawyers,  I agree  some lawyers, very few,   can be worth their weight in gold, but most are below that level and very many can be almost useless and end up costing their clients more money, time in prison, etc. than they may have done without a lawyer.   I have seen that happen many times.

Top lawyers in UK charge around £800 per hour, my son, an accountant,  pays £1,000 p h for financial advice.  Most people are ether unable or not prepared to spend anywhere near that much.

If the OP tried to find a top lawyer in Spain , even with 27 years of residence here, I would not how he would hope to be sure of achieving that.

On balance, I think Tadd’s advice is the best, especially as he has pleaded guilty here.

acer

I ws not having a go at lawyers and yes in the right  place with the right expertise they can be great but they do cost and the chances of the OP getting a success I think are very slim

Even succesul with a specialist lawyer how much money would the OP actually save

What is not clear is what action the Spainsh police took (or are taking) regarding any prosecution against the OP for being over the limit

The Police or court have Not been intouch since the accident in September, as my flight home was the day after the accident i didnt stay in spain and therefore made the decision to go home and plead guilty by post if and when they get intouch.

However i have now spoken to a Spanish Lawyer who said and i quote " In theory you will probably receive a second call, but it is not sure because the Justice system in Spain works, unfortunately, very bad, i would do nothing and as they have Not contacted you so far in time i do not think they will"

adam

Adam

I would suggest that if the police do not prosecute you via the courts then you are not guilty of any offence

As far as I know even in Spain you are NOT guilty until proven guilty and the only way to be found 100% guilty of drink driving would be via a prosecution

£800 per hour, wow, that is top London rates.  I paid £300 last time.  A lot of them just go through the motions and try to waffle away to watch the clock tick round, but a few are genuine and more motivated by winning.  

Adam, as I've said before you might speak with CAB in Spain, well that's what I would do.  Being a bit proactive might save you a lot of money.

Tadd, if you are thinking Adam might stand a chance of not having to pay up because he has not been proved to ‘guilty’ by a court, I suspect that might be a very thin argument.

I would think Spain is the same as UK where, whilst a criminal court can only find guilty or not guilty, a civil court can decide on the balance of probabilities. I am pretty sure that a civil court would decide on the evidence of the breathalyser and blood tests he was as fault.  In which case he would be landed with the legal costs.

But an interesting idea

Just in passing:   In UK a person who accept a fine, or even a verbal caution is in law accepting they are guilty. If they do not, then either it must be NFA (no further action) or it goes to court.

This message was last edited by johnzx on 20/12/2015.

Good point Tadd

I thought with all this new cross border collaboration we hear about they were going to purse the guilty back to their home countries? 

Here are the penalties imposed in Spain, up to 0.60 mg is still considered just a misdemeanor, if you have more than 0.61 it then becomes a criminal offence with imprisonment is possible 

The amount of the fine ranges from  500 euros to four points  if the result of the breath test is between 0.25 and 0.50 mg / l; or 1,000 euros and four points on the card if you are a repeat offender. Now if the breathalyzer gives a figure of  between 0.51 and 0.60 mg / l , you'll pay  $ 1,000 and lose six points .

0.60 mg / l mark the boundary between offense and crime. From this figure, ie, at the time that des  0.61 mg / l  'll face sentences of between  three and six months' imprisonment  or a fine of six to 12 months. They also condemn you in 60-90 days of work for the community and lose the right to drive from one to four years.

Adam how many milligrams of alcohol did you have? It should be on your paperwork

johnzx

If the police have not charged him how does the insurance company know he was drinking and driving for certain?

If no prosecution no guilt - drink driving is a criminal offence not civil

A breath test roadside and/or at the station is the evidence gathered by the police in order to support any prosecution in court and allowing the defendant to offer any mitigation or contest the evidence etc.

If you are suggesting that the car hire compnay insurance are looking at civil action then again they need proof.

If the police submitted breathalyser test results to a civil court or any 3rd party without a criminal prosecution the police could be in bigger trouble

no charge = no evidence = no prosecution = no guilt

Adam in the OP said

The Police came in minutes and breath tested me, i was over the limit.

They took me to the station and again tested possitive for excess alcohol.

We need to know what happened next?

There are often cases where there is insufficient evidence to convict in a criminal court but action is successfully taken in a civil court.   Although it was in USA the principle is the same.   O J Simpson was found not guilty in a criminal court but a civil court awarded damages based on the same evidence.

The insurance company know (have evidence) Adam failed a blood alcohol test that is why they are demanding the payment. In my opinion, whether the police prosecute or not, they would have ample evidence (by calling the police evidence of the tests and probaby his verbal admissions)  to take him to a civil court.  I would be confident he would be found to have been at fault.

I just had my car repaired.  There was no court case (I did not report the other driver, albeit that he committed a criminal offence under the traffic laws) ) but his insurance paid up without an argument, thus accepting their customer was at fault. Had they not accèpt liablity my insurance company could have taken their customer to court.