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Old Feb 6, 2010 | 05:29 PM
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Default Banned for 12 months

Yesterday I was banned from driving for 12 months for drink driving on a camp site.

In June last year I attended a E30 BMW car show. A few of the members were doing doughnuts in a open space at the back of the field. someone decided to join in with them in my car , and after a few minutes they saw a few security vans driving over so they quickly drove off and parked my car behind a load of tents, and then ran off. I could see the other drivers had been caught by the security.

It was 23:00 on a Saturday

I went to my vehicle about half an hour later. When I went to my vehicle the security were with the police and I was arrested. I blew a 45 on the breath test, but I said I was not driving. Another e30 member had phoned the security as people had woken him up.

He pointed me out to the security saying I was driving.

He lives near new market cambridgeshire and every time he drove to Northampton for the following.

16 days later he went to the police to give a statement.

2 months later he went to a I.D parade.

In September someone from the club offered a couple of grand for the car club for him not go to court.

I then went to court in November. 2 police men walked in the court and arrested me for intimidating a witness. (let out on bail)

Returned for bail in December and bailed again.

Arrested again in January for trying to pervert the course of justice and bailed again.

In February receive a letter (perverting the course of justice dropped)

Yesterday went to court and there was 1 security guard and the e30 member as witnesses and was found guilty.

12 month ban and £1000



It just goes to show how people are willing to go out their way to do you over.

I Know I was going to fit a YB into my E30, But I do not think I deserve this.
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Old Feb 6, 2010 | 05:33 PM
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Unlucky Why was somebody driving your car in that manner?
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Old Feb 6, 2010 | 05:34 PM
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surely if your car was stolen, there would be damage? and finger prints of the person who was arsing about in the field,
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Old Feb 6, 2010 | 05:34 PM
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some right cocks about fella, sorry to hear this
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Old Feb 6, 2010 | 05:36 PM
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I'd be properly fucking smashing the cunts face in who WAS driving. He should man up. You clearly know him as he was driving your car!
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Old Feb 6, 2010 | 05:38 PM
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TBH if your mate really did take the car he's a cunt for letting you take the rap. He should have owned up when it got so far. If a "mate" did that to me they would have their fuckin legs broken.
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Old Feb 6, 2010 | 05:42 PM
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Damn right...

Some MOFO dont want to man up fair enough - but he shouldn't be able to drive either - unless its an automatice.. if you follow.

Fucker
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Old Feb 6, 2010 | 05:45 PM
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sounds terrible

it just shows where things are heading in this country, if someone says you did something and get the police involved all of a sudden you are guilty until you prove otherwise, and no one will help.

get yourself (buy) an eastern european driving licence and get some old runaround with polish plates (you will be left alone for then next 12 months).....
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Old Feb 6, 2010 | 05:47 PM
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Doesn't sound like much of a mate who you let drive your car.....i'm fucked if i'd get that sort of punishment for somethin i didn't do
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Old Feb 6, 2010 | 05:51 PM
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how can you be charged for driving in a PRIVATE field. Not a public road. Did you have solictor representation.

jason
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Old Feb 6, 2010 | 06:00 PM
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The thing is I said the keys were left in the tent and I did not know what had happened or how the car got where it was left. I went through with it as there was no real evidence.

In court it all went really well as in the 2 witnesses even said I had different colour cloths and they had different stories.


I think I was going to get found guilty whatever happened.
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Old Feb 6, 2010 | 06:03 PM
  #12  
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Originally Posted by nugnah
how can you be charged for driving in a PRIVATE field. Not a public road. Did you have solictor representation.

jason



It was a camp site where you pay to get in.

They said as it was a place where members of the public are, then it is a publc place and you can still be charged. I had a solicitor.
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Old Feb 6, 2010 | 06:09 PM
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I'm surprised you were found guilty on this. There's plenty of doubt. Was your solicitor crap?

Charlie
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Old Feb 6, 2010 | 06:12 PM
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Where were you at the time of the doughnuts?
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Old Feb 6, 2010 | 06:15 PM
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Appel the conviction with a better solicitor.
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Old Feb 6, 2010 | 06:17 PM
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That's fucking shit fella!
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Old Feb 6, 2010 | 06:20 PM
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Originally Posted by e30cossie
It was a camp site where you pay to get in.

They said as it was a place where members of the public are, then it is a publc place and you can still be charged. I had a solicitor.
Unlucky

Iirc the law changed a few years ago to where you can be prosecuted for drink driving even on private land

I could be wrong tho but am sure it was early '90s it changed (not that it helps u chap)
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Old Feb 6, 2010 | 06:21 PM
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harsh especially considering others (mods from the same site) were doing the same thing...
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Old Feb 6, 2010 | 06:21 PM
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if they couldnt agree on what colour clothes u had on how on earth can they prosecute u?! sure enough grounds for a good a solicitor to get it throw out?! If they both say it was u driving but say u were wearing differnt clothes then their not credible witnesses?! plus if u genuinely wernt driving then they wouldnt know what u were wearing at the time only when they approached u after?!
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Old Feb 6, 2010 | 06:26 PM
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http://www.e30zone.net/modules.php?n...763229#1763229
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Old Feb 6, 2010 | 06:45 PM
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sounds harsh to me, must have been a crap solicitor!

find a decent one and appeal for the ban to be lifted!
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Old Feb 6, 2010 | 06:56 PM
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id appeal,unless caught in car a witness cant be deciding factor it was you
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Old Feb 6, 2010 | 06:57 PM
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does this mean that if your working on your car on a lazy summer evening/weekend on your drive you now cant have a few tinnies because your now "drunk in charge" despite having no intention to drive??? pretty pathetic really.
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Old Feb 6, 2010 | 07:00 PM
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appeal it for sure and get a new solicitor,the laws an ass


james
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Old Feb 6, 2010 | 07:08 PM
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im missing a few things here so sorry if it sound like im being funny:

1st, your car was used,was it broken in to or did you give someone the keys?
2nd, why did you return to your car if you knew they were looking for you, even more so whilst drunk?
3rd, if your car was broken in to why not tell the police this and show them ithe evidence that it wasnt you?
4th, if you gave your keys to your mate/other person why not tell the courts this even if it was to absolve youreself?
5th, why didnt your mate/other person come forward to save you from being banned?
6th, who put the money together to try and buy off the witness, surely if it wasnt you then the police should be looking in to this as its bribery(sp)?
7th, why didnt you get a good solicitor who would be asking you these questions before you got ass raped, instead of me on here afterwards?

Just my two peneth, sorry if you take this the wrong way as i dont mean it to be.

Last edited by st3v3; Feb 6, 2010 at 07:09 PM.
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Old Feb 6, 2010 | 07:19 PM
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Old Feb 6, 2010 | 07:26 PM
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Originally Posted by st3v3
im missing a few things here so sorry if it sound like im being funny:

1st, your car was used,was it broken in to or did you give someone the keys?
2nd, why did you return to your car if you knew they were looking for you, even more so whilst drunk?
3rd, if your car was broken in to why not tell the police this and show them ithe evidence that it wasnt you?
4th, if you gave your keys to your mate/other person why not tell the courts this even if it was to absolve youreself?
5th, why didnt your mate/other person come forward to save you from being banned?
6th, who put the money together to try and buy off the witness, surely if it wasnt you then the police should be looking in to this as its bribery(sp)?
7th, why didnt you get a good solicitor who would be asking you these questions before you got ass raped, instead of me on here afterwards?

Just my two peneth, sorry if you take this the wrong way as i dont mean it to be.

Yeah; the above?
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Old Feb 6, 2010 | 07:33 PM
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how can they prosecute you when as said...the statements said you were wearing different clothes to who was actually driving?!

going back about 10 years my dad was caught out... bloody good job , but he was asleep in his car, pissed of his head and the old bill nicked him for being drunk in charge of a vehicle with "intent" to drive! which from the old bill's eyes how can they say he was gonna drive..? even tho he would have done cos he didn't give a shit but how can the police go on assumptions? wasn't it that they had to "prove" it was you driving?!

x
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Old Feb 6, 2010 | 07:34 PM
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1) My girlfriend left the keys in the tent.
2) Me and my girlfriend walked past the car on the way back from the pub.
3) The car had the keys used.
4) My girlfriend said she left the keys in the tent for me to get my clothes out of the car
to get changed before going to the pub, but I did not get changed.
5) Nobody wanted to get involved as others were messing around too.
6) Someone on the forum knew the situation and was trying to sort a deal.
7) I did come on here and ask if anyone knew a good solicitor for driving offenses and had no luck, Also the other person involved would have seen what was going on. I did feel my solicitor was very good and did highlight all of these points.
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Old Feb 6, 2010 | 07:42 PM
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Originally Posted by e30cossie
1) My girlfriend left the keys in the tent.
2) Me and my girlfriend walked past the car on the way back from the pub.
3) The car had the keys used.
4) My girlfriend said she left the keys in the tent for me to get my clothes out of the car
to get changed before going to the pub, but I did not get changed.
5) Nobody wanted to get involved as others were messing around too.
6) Someone on the forum knew the situation and was trying to sort a deal.
7) I did come on here and ask if anyone knew a good solicitor for driving offenses and had no luck, Also the other person involved would have seen what was going on. I did feel my solicitor was very good and did highlight all of these points.
ok so why didnt you get a witness from the pub to say where you were?

your solicitor needs striking off mate, cos i think you got stiched up right propper by him, or and im sure youre not, your guilty.

Mate, TBH i couldnt give a fook whats gone on, but if i were you id be asking a whole lot of questions more so if id just got a 12mnth ban +£1000 fine

Last edited by st3v3; Feb 6, 2010 at 07:46 PM.
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Old Feb 6, 2010 | 07:55 PM
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The car was removed from the site to outside the gate. The solicitor said the CCTV and finger prints should have been carried out by the police.


I did not know which solicitor to use but did feel they done a good job. The magistrates said 2 independent witnesses 1 security, and 1 club member was good enough as a positive I D.
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Old Feb 6, 2010 | 08:01 PM
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Originally Posted by e30cossie
The car was removed from the site to outside the gate. The solicitor said the CCTV and finger prints should have been carried out by the police.


I did not know which solicitor to use but did feel they done a good job. The magistrates said 2 independent witnesses 1 security, and 1 club member was good enough as a positive I D.

Did your solicitor call your girlfriend as a witness to say you weren't driving? If witnesses say you were driving were they challenged to explain how they saw you so clearly through car windows in the dark?

Charlie
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Old Feb 6, 2010 | 08:21 PM
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appel against this croc of shit conviction
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Old Feb 6, 2010 | 08:21 PM
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I was banned for 12 months mate, cant really give you anything to look forward to as its fuckin dire, its like losing a limb!
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Old Feb 6, 2010 | 08:32 PM
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Originally Posted by nugnah
how can you be charged for driving in a PRIVATE field. Not a public road. Did you have solictor representation.

jason
Legal note, the ROAD TRAFFIC ACT extends to anywhere even private that the public can access that is not covered by a barrier to prevent them(and even some that are), so if sat pissed in your car on your drive without the keys can still be done for DD.
tabetha
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Old Feb 6, 2010 | 08:36 PM
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Originally Posted by warrenpenalver
does this mean that if your working on your car on a lazy summer evening/weekend on your drive you now cant have a few tinnies because your now "drunk in charge" despite having no intention to drive??? pretty pathetic really.
Yes it does mean that, you can also be found guilty of driving in a reckless manner a car with no engine.
It totally depends on what part of the country you are in as to what sort of "justice" you will get, must say the Norfolk courts tend to disbeleive the police mostly.
tabetha
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Old Feb 6, 2010 | 08:42 PM
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Originally Posted by e30cossie
The car was removed from the site to outside the gate. The solicitor said the CCTV and finger prints should have been carried out by the police.


I did not know which solicitor to use but did feel they done a good job. The magistrates said 2 independent witnesses 1 security, and 1 club member was good enough as a positive I D.
Well i for one feel sorry for ya mate,it does sound to me, that youve been stiched up and you should, in my mind appeal
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Old Feb 6, 2010 | 08:43 PM
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There is more than enough doubt to make this unsafe(conviction), try to employ a barrister next time.
Also your solicitor should have put forward the Kale argument.
I had two lads from pf visit me today from good old southend, and I showed them a case I won last year, 18/11/09 in CROWN COURT, Norwich.
Charged with driving at a police car head on at 105 in a 60, I of course can't remember who the driver was!!
The plod had 13 witnesses AND video evidence, also took a 11 months to prepare thier case, the case was thrown out after I put forward a past case as to identity establishment, there is in your case also a lack of evidence continuation a crucial point of law, that even a crap solicitor should be aware of.
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Old Feb 6, 2010 | 08:45 PM
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I'd kill the cunt.
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Old Feb 6, 2010 | 08:47 PM
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Im sorry to hear this but as every one else has said , why the fuck lay down and take it up the brown one if you are as you say innocent ??

Im sure as black is black that if i was in your shoes i'd be up on a murder charge if i was really innocent and the "mate" was getting off scot free

Drink driving will cost you for the next 10 years on your insurance so if your going to let this lie then you are some kind of muppet

Appeal is the only answer with a proper solicitor NOW !!
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