Recently I read an article about a man who was arrested for a crime he didn’t commit held in police cells for 3 days and eventually sued the police for wrongful arrest.
This made me remember an event back in 1990 were I was arrested for failure to appear for drink a driving offence, even though I know I did not get the summons. In fact It was 9 months after the offence they finally decided to arrest me. My address had not changed btw.
Then held in police cells for 3 nights in a station on the other side of the county, until I appeared in front of the magistrates on the Monday morning. I was never offered bail or to see a lawyer.
The thing is, I blew under the limit on one of my breath test, so the police officer said because one was over I had to have blood test, which I agreed with.* He then said that if the blood came back over the limit, I would get a summons, if it was under I would not hear anything further.
Fair enough I was over the drink driving, limit but only by 1 mg, I was banned for 12 months but I had a £0 fine.
The magistrates appeared nervous and were having a heated discussion with the clerk of court who kept looking over at me with an absolute puzzlement on his face. He sent someone off to make a phone call and the court waited a good 20 mins until they returned and whispered in his ear. And then after another little meeting with the JP’s the senior one shook his head and issued the ban and no fine. And I swear this now he said, “If I could let you off for the ban I would do, but I have been given no choice”.
When I was released a local journalist stopped me just outside the court. He said he was astounded about what had happened to me. He asked for some details and seemed really excited about a possible story. Promising he would investigate it and get back to me as soon as he had anything.
I’ve never been arrested before this event – and I’m in my 50’s now and never committed a crime.
There is more to this, but I won’t go into details. The only thing I will say is, my father who recently passed away was a long-standing JP (35 years). He was also a JP who would never trade favours in justice.
So based on what I have written do I have a case for wrongful arrest?
*
This made me remember an event back in 1990 were I was arrested for failure to appear for drink a driving offence, even though I know I did not get the summons. In fact It was 9 months after the offence they finally decided to arrest me. My address had not changed btw.
Then held in police cells for 3 nights in a station on the other side of the county, until I appeared in front of the magistrates on the Monday morning. I was never offered bail or to see a lawyer.
The thing is, I blew under the limit on one of my breath test, so the police officer said because one was over I had to have blood test, which I agreed with.* He then said that if the blood came back over the limit, I would get a summons, if it was under I would not hear anything further.
Fair enough I was over the drink driving, limit but only by 1 mg, I was banned for 12 months but I had a £0 fine.
The magistrates appeared nervous and were having a heated discussion with the clerk of court who kept looking over at me with an absolute puzzlement on his face. He sent someone off to make a phone call and the court waited a good 20 mins until they returned and whispered in his ear. And then after another little meeting with the JP’s the senior one shook his head and issued the ban and no fine. And I swear this now he said, “If I could let you off for the ban I would do, but I have been given no choice”.
When I was released a local journalist stopped me just outside the court. He said he was astounded about what had happened to me. He asked for some details and seemed really excited about a possible story. Promising he would investigate it and get back to me as soon as he had anything.
I’ve never been arrested before this event – and I’m in my 50’s now and never committed a crime.
There is more to this, but I won’t go into details. The only thing I will say is, my father who recently passed away was a long-standing JP (35 years). He was also a JP who would never trade favours in justice.
So based on what I have written do I have a case for wrongful arrest?
*
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