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drink driving/arrest under caution

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emmz | 23:46 Tue 27th Feb 2007 | Criminal
8 Answers
Hi

i was wondering if someone could answer me afew questions pls?

Basically nearly 3 years ago i was banned for drink driving and have not have any driving convs since.
Also about 2 yrs ago a mte got into a fight and because my name was mentioned in the statement i was arrested under caution but never heard back from police or a charged or had to answer bail. my friend had told me case got thrown out and dropped.

i have a placement at camp america and its all goin ok but i have sent my crb away, think its the enhanced one!
will this show up on that??? could they then canx my place???

also i am applying for visa, would the us embassy decline my visa due to these 2 things??

thanks for whoever can help me with this as i am getting abit worried over it all :-)
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hello,

firstly let me deal with the drink driving ban you recieved. if you were only convicted of being 'over the perscribed limit' this is NOT a criminal conviction. you have committed no crime. however it you would have been created on the local police and national police national computer (PNC). if the crb were to check you out they would see this entry but since it is not a CRIMINAL CONVICTION it is highly likely that they would ignore this. your employers would refer to your crb check to gauge your honesty and suitability to work with children.

Your second issue about being named in a statement is confusing. you say that you were arrested under caution? what do you mean. were you cautioned, arrested and then interviewed at a police station and then nfa'd (no further action) if so you would have been issued a notice informing you that no further action would take place (this would not be disclosable for the purpose of a crb check) or did the police speak to you at your home/workplace etc.. about the incident your friend was involved in? they may have cautioned you prior to speaking to you leading you to believe that you were under arrest. cautioning people prior to speaking with them is routine as it could allow for anything said and done during the conversation to be allowed as evidence in any future proceedings.

i doubt very much your visa would be declined solely because of a drink drive ban.

i hope this has helped.

muj.
Question Author
hi thanks for the answer it was a great help!
basically what happened with the arrest is i went down the police station myself to give a statement and thats when the police officer said i am goin to have to arrest u and caution u then i got taken into an interview room with only her and i told her what happened and then signed the thing as it was taped!! then i left and never heard anything back from them about it!!! and thats when my friend told me it had all been dropped as no evidence!
dont know if you can shed anymore light on that

thanks emmz
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-- answer removed --
Question Author
or maybe i wasnt arrested, it may ave been a caution for an interview...this stuff is so confusing!!
hi,

emmz im glad the answer has helped. your reply has confused me a little. its difficult to get your head round all this police / legal business if your not used to it so never mind your not on your own.

if you were arrested and interviewed you would have been booked into custody. the arresting officer would have taken you into a custody office were your details would have been recorded and your property taken from you whilst in the station. you would have also been asked questions about your health, free legal advice and been asked to sign a document several times. you would have also been required to give (or withold) consent to having your fingerprints, photograph and dna sample taken. if this happen to you you were arrested.

if it did not you may have just had the caution given to you (as previously explained) and then had your account recorded on tape. this is an unfamilar practise to me but it very much depends on which police force you dealt with.

thanks.

muj.
drink driving WILL show up on a CRB

the other one is irrelevant


anyway there is nothing you can do to vary the course of this. The die as it were is thrown.

Just wait and pray and hope

I hope it goes OK PP
Hi Emmz,

Drink driving IS a conviction and will show up on your CRB check.

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