Mistaken identity drink drive charge Options

[Mayhem007]

Hi to all.

A work colleague of mine has been charged with allegedly drinking and driving and no insurance. So the incident as follows.

The car belongs to workmate, however his father was driving the car. They left a pub after closing. As they left the pub a police car was arriving
and father flashed the lights to allow the police car entry. In the car was a third person. The father drove the car to his son's house, parked the car
and walked around the corner to his house.

Police arrived at my workmates house and advised him that he had no insurance for his car. I will come back to this later. However during the conversation
police said they could smell alcohol on his breath. Work mate advised that he was not driving the car. The police ignored him pulled him from inside his front
door and escorted him to the police car. Workmate followed them to the police car, whilst he was protesting his innocence. The third person got involved and tempers may have been
a wee bit flared. My mate was arrested on the failure of the breathalyzer, without having his rights read. The third person was eventually calmed down by other police officers at the scene.
During the journey back to the station workmate was professing his innocence, but the 2 police officers said it was their word against his, however workmate pointed out that he had 2 witnesses.
He failed the intoximeter by almost 3 times the limit. He refused to give his father's address because of the 5 police cars that turned up at his, as he knew his mother would be extremely stressed
to be confronted with police outside their house.

Work colleague has pleaded not guilty and has 2 witnesses who would testify to the fact he did not drive the car. My workmate and father are very similar in size and looks.

[Mayhem007]

The witnesses have not given any statements yet and have not been asked to make a statement.

So in the car was the driver (father), the alleged offender ( my workmate/work colleague) and the alleged offenders friend.

There was also a fourth person, but he was so drunk he had to be helped to the car and fell asleep and was unable to say who
was driving.

I will mention to him to get the solicitor to provide the PF with the documentation given to him by the police when he showed his insurance
second time round.

I'd suggest the other two (sorry for referring to the driver as a passenger) make witness statements, either to the police or in front of a solicitor (then give to the Police) may well head off a time wasting trial. If they do it to the police it will only cost time and not money.

Assuming the accused named them it's a little surprising the Police didn't contact them.

+1 The Sheriff will not be too pleased if PF is wasting the Sheriff's time in this pointless trial and the Sheriff could ask PF why these two witnesses were not interviewed.

My work colleague will be visiting the solicitor next week along with his father. The friend will be seeing the solicitor at a suitable time after that.

At this moment in time they still do not know if the police have any doubts and are just simply sticking to their guns.

I should imagine that it's a bit of an embarrassment that 5 police vehicles turned up at the house. Some of the neighbours were getting involved, in that the police turned up mob handed for a simple drink drive charge. Words were exchanged between the friend and the police, as the friend over reacted to the arrest. The friend was put into a police vehicle and advised to control his temper, he was then released from the vehicle as he did calm down.

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[Mayhem007]

The witnesses have not given any statements yet and have not been asked to make a statement.

So in the car was the driver (father), the alleged offender ( my workmate/work colleague) and the alleged offenders friend.

There was also a fourth person, but he was so drunk he had to be helped to the car and fell asleep and was unable to say who
was driving.

I will mention to him to get the solicitor to provide the PF with the documentation given to him by the police when he showed his insurance
second time round.

I'd suggest the other two (sorry for referring to the driver as a passenger) make witness statements, either to the police or in front of a solicitor (then give to the Police) may well head off a time wasting trial. If they do it to the police it will only cost time and not money.

Assuming the accused named them it's a little surprising the Police didn't contact them.

+1 The Sheriff will not be too pleased if PF is wasting the Sheriff's time in this pointless trial and the Sheriff could ask PF why these two witnesses were not interviewed.

My work colleague will be visiting the solicitor next week along with his father. The friend will be seeing the solicitor at a suitable time after that.

At this moment in time they still do not know if the police have any doubts and are just simply sticking to their guns.

I should imagine that it's a bit of an embarrassment that 5 police vehicles turned up at the house. Some of the neighbours were getting involved, in that the police turned up mob handed for a simple drink drive charge. Words were exchanged between the friend and the police, as the friend over reacted to the arrest. The friend was put into a police vehicle and advised to control his temper, he was then released from the vehicle as he did calm down.