[Nathan]

I wonder if:

A) The speeding offence was not on a calibrated instrument so would be challengeable.

B) The alcohol offence is marginal/on count back, may be challengeable.

Hence the delay whilst prosecution likelihood was considered.

I tend to agree with you. There must be some discrepancy in the case. Your second point more likely than the first I would guess. If he was stopped on the motorway, the speed would have been checked and monitored by equipment in the patrol car, so this is likely to be accurate, as opposed to a hand held road side camera for instance. You are only usually arrested 'on suspicion' of drink driving when you are first breathalised and fail on the hand held device on the road side and are then nicked and taken to the station to blow into the intoxometer to give an accurate reading. If you are over the limit then, it is then and only then that you are arrested for drink driving. For him to still only be charged 'on suspicion' of drink driving means it could well be marginal or his defence are trying to argue the toss by trying to clear him through some technical loophole. The plot thickens!

[baggiejohn]

I wonder if:

A) The speeding offence was not on a calibrated instrument so would be challengeable.

B) The alcohol offence is marginal/on count back, may be challengeable.

Hence the delay whilst prosecution likelihood was considered.

Purely speculation on my part BP, but I suspect the speeding offence is nailed on. It's not difficult to see that someone's doing over 70 mph, & all they need is the witness statements from two policemen.
The alcohol offence has to be supported by instrumentation, & it's possible that, either the correct procedure hasn't been followed or the readings are so borderline that a prosecution would be risky.
On the other hand they may have him banged to rights.
The article from the Manchester Evening News is the least emotional & the most informative, but doesn't say he's been charged for drink driving, that's why I'm asking the question.

[VVVAlbion]

I tend to agree with you. There must be some discrepancy in the case. Your second point more likely than the first I would guess. If he was stopped on the motorway, the speed would have been checked and monitored by equipment in the patrol car, so this is likely to be accurate, as opposed to a hand held road side camera for instance. You are only usually arrested 'on suspicion' of drink driving when you are first breathalised and fail on the hand held device on the road side and are then nicked and taken to the station to blow into the intoxometer to give an accurate reading. If you are over the limit then, it is then and only then that you are arrested for drink driving. For him to still only be charged 'on suspicion' of drink driving means it could well be marginal or his defence are trying to argue the toss by trying to clear him through some technical loophole. The plot thickens!

It is on suspicion as innocent until proven guilty.

[Nathan]

It is on suspicion as innocent until proven guilty.

I've just completed a 19 month ban for drink driving myself. I've just found my bail sheet from the night I was arrested on 23rd March 2013. After blowing 70 on the intoxometer at Cheltenham police station I was immediately charged with drink driving. When I was pulled over and failed the blow in the bag on roadside I was arrested 'on suspicion of drink driving'. Once I failed the second test I was then arrested for 'drink driving' no mention of the word suspicion. I'll post word for word the charge if anyone is interested in it in comparison to Berahino's case?

[The Black Pearl]

Purely speculation on my part BP, but I suspect the speeding offence is nailed on. It's not difficult to see that someone's doing over 70 mph, & all they need is the witness statements from two policemen.
The alcohol offence has to be supported by instrumentation, & it's possible that, either the correct procedure hasn't been followed or the readings are so borderline that a prosecution would be risky.
On the other hand they may have him banged to rights.
The article from the Manchester Evening News is the least emotional & the most informative, but doesn't say he's been charged for drink driving, that's why I'm asking the question.

I would have thought if it was for a clear D/D it would have been dealt with by now.

The speeding may not be as clear cut as it may appear, may have been picked up on roadside traffic cameras as it was so early in the morning, then reported to police, all conjecture and as pointed out, a presumption of innocence until proven guilty.

[Avonbaggie]

I've just completed a 19 month ban for drink driving myself. I've just found my bail sheet from the night I was arrested on 23rd March 2013. After blowing 70 on the intoxometer at Cheltenham police station I was immediately charged with drink driving. When I was pulled over and failed the blow in the bag on roadside I was arrested 'on suspicion of drink driving'. Once I failed the second test I was then arrested for 'drink driving' no mention of the word suspicion. I'll post word for word the charge if anyone is interested in it in comparison to Berahino's case?

This is right from what I can tell. Once you've provided the second sample and you are still over then they can charge you. Whether Saido was under on the second sample might explain it or whether his hotshot lawyers have come up with another technicality. The other is that he never provided a sample at all.

[LiamTheBaggie]

I just wondered if the sentences in blue had any significance, he was originally bailed on suspicion of drink driving, but the Cheshire police have not said what he's been charged with, & what he's got to defend at his court appearance. For Example the first sentence doesn't say he's been charged with drinking and driving.

The full article is here http://www.manchestereveningnews.co.uk/news/uk-news/premier-league-player-appear-suspicion-8392766?

Thanks for that link.

The BBC are reporting that he has been charged with drink-driving so that is what he will have to defend at the Magistrates court. There is very little defence (as far as I'm aware!) for such cases unless scenarios like The Black Pearl provides have some foundation to them.

[The Black Pearl]

I've just completed a 19 month ban for drink driving myself. I've just found my bail sheet from the night I was arrested on 23rd March 2013. After blowing 70 on the intoxometer at Cheltenham police station I was immediately charged with drink driving. When I was pulled over and failed the blow in the bag on roadside I was arrested 'on suspicion of drink driving'. Once I failed the second test I was then arrested for 'drink driving' no mention of the word suspicion. I'll post word for word the charge if anyone is interested in it in comparison to Berahino's case?

Prat, but top man for your honesty.

[Nathan]

Prat, but top man for your honesty.

Absolutely. I've held my hands up, accepted my punishment, learned my lesson, that's all I can do. I lost my job and my flat over it amongst other things. When you see these anti-drink drive campaign adverts on telly, showing blokes in despair over how it has ruined their life, it is bang on, totally true. It broke me in more ways than one. Somehow I don't think SB will struggle quite as much regardless of his outcome 

[LiamTheBaggie]

This is right from what I can tell. Once you've provided the second sample and you are still over then they can charge you. Whether Saido was under on the second sample might explain it or whether his hotshot lawyers have come up with another technicality. The other is that he never provided a sample at all.

Your last point would be a different offence altogether - Saido has been charged with drink driving.

On a more general point, I do think we should be very careful with our comments as this case is "open".

[The Black Pearl]

Absolutely. I've held my hands up, accepted my punishment, learned my lesson, that's all I can do. I lost my job and my flat over it amongst other things. When you see these anti-drink drive campaign adverts on telly, showing blokes in despair over how it has ruined their life, it is bang on, totally true. It broke me in more ways than one. Somehow I don't think SB will struggle quite as much regardless of his outcome 

Most people who drink do it at some point, we all make stupid mistakes in life, some we get away with, some we don't, people who take a high moral view on such things should bear that in mind.

I hope your life is on the way to recovery.

[The Black Pearl]

Your last point would be a different offence altogether - Saido has been charged with drink driving.

On a more general point, I do think we should be very careful with our comments as this case is "open".

I don't think anyone is saying anything untoward Liam.

[baggiejohn]

Your last point would be a different offence altogether - Saido has been charged with drink driving.

On a more general point, I do think we should be very careful with our comments as this case is "open".

Quite so, I hope I have been putting forward a hypothetical argument, which I understand is allowed.

[LiamTheBaggie]

I don't think anyone is saying anything untoward Liam.

I wasn't suggesting there was TBP - just throwing the point out there as a careful reminder.

I know of another football forum that was banned from mentioning an on-going court case of one of their players just incase they disrupted the trial etc.

[The Black Pearl]

I wasn't suggesting there was TBP - just throwing the point out there as a careful reminder.

I know of another football forum that was banned from mentioning an on-going court case of one of their players just incase they disrupted the trial etc.

I know Liam, all will soon be clear.

[swad35]

The arrest under suspicion is just to get him back to the police station, could be he refused to blow or didn't have the ability to blow ( usually for very drunk people) also when people have high readings at the side of the road they can be arrested, the arrest is just a technicality.

The bail is usually set for times when blood results are due. The person has blood taken and then get bailed pending blood test results.

Defences are very minimal and based around medical issues, police procedural issues or a fear of safety eg I had to move my car for fear of being attacked.

Likeihood of imprisonment for first offence is rare and usually comes into effect when injuries are involved or large property damage. The reading has to be very high and other factors eg speed or manner of driving.

I have no idea of SB case and his circumstances maybe totally different to what I have listed but this is a general prognoses of what could have happened.

[Nathan]

Most people who drink do it at some point, we all make stupid mistakes in life, some we get away with, some we don't, people who take a high moral view on such things should bear that in mind.

I hope your life is on the way to recovery.

Yes, I received all the preaching from the people taking moral high ground against me. I just had to be humble. It's took a while to get back on track, but thanks, I'm slowly getting there. I used to drive for a living which made everything even worse in my case. Lets hope Saido learns the same lessons in life and be thankful that he will still be employed,still have a roof over his head,still have a life,unlike others faced with the consequences. Lets hope he shows a bit of humbleness too.

[swad35]

The arrest under suspicion is just to get him back to the police station, could be he refused to blow or didn't have the ability to blow ( usually for very drunk people) also when people have high readings at the side of the road they can be arrested, the arrest is just a technicality.

The bail is usually set for times when blood results are due. The person has blood taken and then get bailed pending blood test results.

Defences are very minimal and based around medical issues, police procedural issues or a fear of safety eg I had to move my car for fear of being attacked.

Likeihood of imprisonment for first offence is rare and usually comes into effect when injuries are involved or large property damage. The reading has to be very high and other factors eg speed or manner of driving.

I have no idea of SB case and his circumstances maybe totally different to what I have listed but this is a general prognoses of what could have happened.

Oh I forgot if he goes guilty first appearance he will get a reduced sentence which will rule out any custodial sentence.

[baggie96]

Apparently we've offered berahino for lennon and Townsend, would take that tbh

[tambag]

Have we offered that to spurs or spurs to us ?

I would take it but would we be able to afford the extra wages ?

[BaggieBirdRus]

50k a week wages. They'd be on a par with our top player's like Foster and Lescott for wages i think. I'd cash in on him if we were offered them.

[baggie96]

 It's in mirror that we've spoke to Tottenham so we've offered it. Apparently will pay both 50k a week. Would be delighted tbh

[overseas baggie]

Have we offered that to spurs or spurs to us ?

I would take it but would we be able to afford the extra wages ?

Its in the Daily Mirror online....

Seems we will offer both players £50k/week, which matches their current deals, and that we don't want to have to pay any cash on top. Seems about right if Berahino is worth £15m and the two Spurs players £7.5m each.

As this is Levy and Peace, the horse trading could be fun!

[OldburyWBA]

Lennon was on around £53k a week last season according to http://www.tsmplug.com/football/tottenham-player-salaries-2014/

Townsend on around £40k a week according to http://www.express.co.uk/sport/football/437796/Andros-Townsend-cashes-in-with-new-2million-a-year-contract-at-Tottenham

Think Lennon (possibly both) will attract interest from elsewhere. They also have to agree to come here.

[baggie96]

Do this deal and then spend the whole budget on a striker!!!