Ashley Barnes arrested

[Belial]

I was a defence solicitor for thirty five years until I retired, and have dealt with hundreds of drink-drive cases.
Whilst it is often quite straightforward to get acquittals in drunk in charge trials, I can only recall three occasions where I was successful in a drink-drive trial. They all involved procedural errors by the Police. If the Cheshire Constabulary followed the rules properly, Ashley will almost certainly be fined and disqualified. I'm assuming he wasn't wildly over the limit, or has previous for this.

Back in the day a mate of mine got away with being on an all night bender (I was with him), got pulled for DD, then after a comedy of errors by the Police he never ended up getting found guilty. Following him providing his sample, he never heard anything more.

[NewClaret]

This thread thoroughly depresses me because I love Barnsey but can't condone his actions.

A sad end to a **** season (apart from staying up).

[Grumps]

the issue with those figures Squidgy is that the majority of drink driving offences are not covered by Legal Aid so people just plead guilty at court because they cannot afford a lawyer to look at it for them. people like (AB) who have money will hire a specialist to challenge the charge. The length of disqualification he will receive will not change because he has pleaded not guilty. the only thing that will effect him is that costs will be higher. Again, im not going into it anymore as its a complex area and id rather people contact me personally if they require assistance in any motoring offence. looking forward to helping my fellow clarets.

Using the interest of justice test, most people charged with drink driving would qualify for legal aid, if financially required. Yet again you are giving wrong advice

[fatboy47]

Been unlucky and of course wrong . But my, some Holy Joe drama qeens on here about this.

This.

[Loyalclaret]

Drink driving is bad. Ashley will probably plead not guilty and has a chance of getting off with it. Although I struggle to believe PP is a solicitor everytime he posts about his profession, I believe what he is saying is true.

[Steve1956]

This thread thoroughly depresses me because I love Barnsey but can't condone his actions.

A sad end to a **** season (apart from staying up).

Think that might be the end of Barnes at Burnley..really can't see Dyche putting up with what he's done,would be a sad end to a good Burnley career ...rather stupid thing to do.

[Grumps]

I was a defence solicitor for thirty five years until I retired, and have dealt with hundreds of drink-drive cases.
Whilst it is often quite straightforward to get acquittals in drunk in charge trials, I can only recall three occasions where I was successful in a drink-drive trial. They all involved procedural errors by the Police. If the Cheshire Constabulary followed the rules properly, Ashley will almost certainly be fined and disqualified. I'm assuming he wasn't wildly over the limit, or has previous for this.

Exactly my experience as well

I think the procedural problems have been tightened up over the years, so even those cases will be rare nowadays.

[Loyalclaret]

Using the interest of justice test, most people charged with drink driving would qualify for legal aid, if financially required. Yet again you are giving wrong advice

Very few solicitors, whether private or legal aid, would have a matter discontinued/thrown out simply because they do not specialise in this area of law.

[Grumps]

Very few solicitors, whether private or legal aid, would have a matter discontinued/thrown out simply because they do not specialise in this area of law.

Sorry, don't understand your point

[dsr]

That's a very good point. Unless he was seen driving erratically and followed back there?

That's quite possible. In fact he wouldn't necessarily have been seen to be driving erratically - I was once stopped outside my home (actually I had already stopped) because I had turned off the main road and taken one or two turnings on side roads that may have looked like I was trying to hide from a police car. (No, I hadn't been drinking!)

[pushpinpussy]

Using the interest of justice test, most people charged with drink driving would qualify for legal aid, if financially required. Yet again you are giving wrong advice

you are totally wrong. it must cross the custodial threshold to pass the interests of justice test in most drink drive scenarios. Obviously other things can be taken into account as well. But usually a person must have blown over 120 whilst back at the police station to qualify for legal aid and then its not that straight forward.

[GodIsADeeJay81]

Drink driving is bad. Ashley will probably plead not guilty and has a chance of getting off with it. Although I struggle to believe PP is a solicitor everytime he posts about his profession, I believe what he is saying is true.

Getting off if he's failed x2 breathalyser tests is highly unlikely, he doesn't face unnecessary hardship, doesn't effect his job etc.

[duncandisorderly]

I think Dyche would be a big believer in second chances, especially for someone he's worked with for 6 years or more.

There'll be punishment from the law and there'll be punishment from the club and Barnes will feel ashamed of himself.

That'll do.

[Belial]

he was stopped by police on the residential street he lives on.

...sounds likely that the police were 'tipped-off' by someone and waiting for him to complete his journey

Also he'll be burgled by the end of the year...

[pushpinpussy]

Exactly my experience as well

I think the procedural problems have been tightened up over the years, so even those cases will be rare nowadays.

absolute the opposite if you know what your doing and what your looking for. yes, they have introduced the MGGD forms for Police Officers to make it easier for them to follow. You rarely see one that is completed correctly.

[Loyalclaret]

Sorry, don't understand your point

My point is that even with the laws apparently being tightened up, there are many people who get off with drink driving every week. Some of the best and most experienced criminal solicitors, whether you paid or qualified for legal aid for them to represent you, would not know how to get you off a drink driving charge.

[Grumps]

My point is that even with the laws apparently being tightened up, there are many people who get off with drink driving every week. Some of the best and most experienced criminal solicitors, whether you paid or qualified for legal aid for them to represent you, would not know how to get you off a drink driving charge.

Not that many people, if you check
I was pointing out to our resident solicitor, that you could get legal aid, if required, not how good or bad the legal representation would be.

[Grumps]

you are totally wrong. it must cross the custodial threshold to pass the interests of justice test in most drink drive scenarios. Obviously other things can be taken into account as well. But usually a person must have blown over 120 whilst back at the police station to qualify for legal aid and then its not that straight forward.

Loss of employment?
Reputation?
..... Its not all about sentence, any good solicitor would make the criteria fit, you saying people plead guilty because they cannot get legal aid is what wrong

[jojomk1]

It's been well reported in the past that a group of players come and go with Ash in his motor most days from Cheshire

Can only assume any celebration drinks were not just consumed by Barnes so would hope others did not encourage him to drive and also got in the vehicle that evening

[Whitgord]

absolute the opposite if you know what your doing and what your looking for. yes, they have introduced the MGGD forms for Police Officers to make it easier for them to follow. You rarely see one that is completed correctly.

If this is the standard of your grammar and spelling, I would never seek your legal advice. Sorry.

[Red Fox Rocks Socks]

absolute the opposite if you know what your doing and what your looking for. yes, they have introduced the MGGD forms for Police Officers to make it easier for them to follow. You rarely see one that is completed correctly.

*MGDD

[boatshed bill]

If this is the standard of your grammar and spelling, I would never seek your legal advice. Sorry.

[Jakubclaret]

If proven? That’s not how being charged for drink driving works.

He has been stopped by the road side, and suspected of being in charge of a motor vehicle whilst under the influence of alcohol, Barnes has been required to give a specimen of breath for analysis. He has done so, and obviously failed this. This roadside breath test is only preliminary.

Back at the station, Barnes will then have been required to give two more specimens of breath on an EBM. Basically a very large machine that gives two readings. The lower one is taken, and then evidenced in court. This is done in custody and the procedure is quite long. Dependent on the time it takes to travel to custody, the wait time to get into custody, and for the procedure to be carried out means it can easily be 1-2 hours from being stopped to giving your two specimens of breath on the EBM.

Driving offences are absolute. The fact that Barnes has been charged and bailed to court means he’s given at least one specimen over the prescribed limit. He’s guilty of committing the offence.

In my experience, it is never just 2 or 3 beers, because the likelihood is that you will have sobered up in time. The procedure of evidencing drink driving on the EBM is long, so the whole argument that Barnes has been unlucky, only had a couple and been caught out is just plain wrong.

This isn’t a mistake. Barnes has made a conscious decision to drive, under the influence, knowing he shouldn’t have. It’s inexcusable.

Just because something is proven doesn’t necessarily mean justice will be carried out, if certain procedures haven’t been followed meticulously things can be become inadmissible in a court of law & cases get thrown out on technicalities. Until he’s been tried it’s wise to reserve judgement.

[Claret_tinted]

Why are we arguing about procedures, legal points and legal aid.

He’s been arrested and charged with DRINK DRIVING. A court will determine his guilt or innocence.

IF found guilty, he will revive the punishment dictated by law.

You and I are then able to pass our own judgment/opinion. For me this is a despicable act and one I find very hard to accept any mitigation for.

The impacts drunk driving can have on innocents is unacceptable.

[Hedontplayforyou]

Ashley has been fantastic for Burnley, everyone makes mistakes in life, this is one that he’s made, he would have been the one I’d gave let go anyway this summer but I think this spells the end for him . Unfortunate end to a fantastic tenure .

[ewanrob]

I know fundementally it is AB fault, but wouldnt you have a thought that the Club would make sure that no one who has had a drink went anywhere near a car after getting off the Coach...I find that a tad strange.

[Steve1956]

I know fundementally it is AB fault, but wouldnt you have a thought that the Club would make sure that no one who has had a drink went anywhere near a car after getting off the Coach...I find that a tad strange.

No need for anyone from the club to watch their every move they are grown men ffs...what Barnes did was stupid more fool him if it costs him his career with us.

[dsr]

I know fundementally it is AB fault, but wouldnt you have a thought that the Club would make sure that no one who has had a drink went anywhere near a car after getting off the Coach...I find that a tad strange.

I don't. I've been on works parties where drink has been taken, and no-one walks people to the taxi rank to make sure they don't get in a car. At the very most they would ask "you're not driving, are you" and if the answer is no, they would trust us.

Barnes presumably has never been shown to be so untrustworthy as to have to be supervised to that extent.

[Woody9229]

I know fundementally it is AB fault, but wouldnt you have a thought that the Club would make sure that no one who has had a drink went anywhere near a car after getting off the Coach...I find that a tad strange.

Look its wrong to cast aspersions on the club without any evidence whatsoever but being honest this was my first thought. Pretty sure having a celebration on the coach on the way back was mentioned in post match TV interviews and none of us would have been surprised or begrudged them a good drink to celebrate. I would assume the club would even supply and pay for the drinks. However you would have thought more than one member of the management/coaching staff might have joined the dots and realised some players would be picking up vehicles at journeys end and maybe checked??
To be fair the three coach explanation might have made this more difficult in practice than my theory suggests but as I say I was wondering if this perfect storm might have been avoided. At the end of the day though AB is an adult and this is solely on him and its unforgiveable in this day and age so if found guilty he will need to take his punishment from the courts and the club and learn from this and never do it again but everybody deserves the chance to rehabilitate. The talk of sacking him seems fatuous. Look at the Derby players with only Keogh (a passenger) being sacked seemingly mainly because he was out injured after the accident and since overturned by the courts.

[Bosscat]

If this is the standard of your grammar and spelling, I would never seek your legal advice. Sorry.

[2 Bee Holed]

1/. I thought only the Police, Barnes, CPS and solicitors would only get the charge sheet.
I am not even sure the charge sheet would go into so much detail.
Perhaps "failed a breath test in Wilmslow, Cheshire" but the exact street?
So who has leaked where he was breathalysed?

2/. I cannot believe Barnes lives on that cul de sac.
3 bed semis and terraces, Average price £350,000.

3/. Is there more to this than meets the eye?

[Bosscat]

If this is the standard of your grammar and spelling, I would never seek your legal advice. Sorry.

Perhaps Spanish Police do things differently

[Quickenthetempo]

Perhaps Spanish Police do things differently

The Spanish Military certainly do.

Have you seen the video of them throwing migrants back in the sea?

And I thought the Spanish police treat English lads harshly in Magaluf. These guys are next level.

[ClaretTony]

Nothing to say on this other than what Ashley Barnes did is totally unacceptable.

[2 Bee Holed]

Nothing to say on this other than what Ashley Barnes did is totally unacceptable.

I think you probably meant to say
"appears to have done" Tony?

[Billy Balfour]

I hope we never see him play in our colours again. I knew someone who was killed by a drunk driver.

By the way, a couple of years ago I lost a friendship over potential drink-driving. Former friend and his wife were at ours for a barbecue. He thought it would be fine to drive home after drinking four pints of Proper Job IPA at 5.5%. I told him it was absolutely not ok, and they should get a taxi and pick the car up in the morning. Big argument ensued, but they left in a taxi.

[bpgburn]

absolute the opposite if you know what your doing and what your looking for. yes, they have introduced the MGGD forms for Police Officers to make it easier for them to follow. You rarely see one that is completed correctly.

Does your business card say "Best Call Saul"

[Bosscat]

Does your business card say "Best Call Saul"

Heres his website


https://www.spainlawyer.com/legal-guide ... -in-spain/

[Billy Balfour]

Can't believe that people are having a go at the club. The players are gown men, not 10-year-olds being dropped off after a school outing.

[Newcastleclaret93]

This thread thoroughly depresses me because I love Barnsey but can't condone his actions.

A sad end to a **** season (apart from staying up).

I agree, I really hope this isn’t how his fantastic Burnley career comes to an end. Love Barnes but this is inexcusable.

[Zlatan]

I think you probably meant to say
"appears to have done" Tony?

I agree with CT - it is unacceptable however you look at it, over the limit, under the limit - doesn’t matter to me. What does matter is that he had a drink and got in a car a drove and that shows very poor judgement on his part, which to me is unacceptable.

[KRBFC]

Who is the snake in the camp? little worm snitching to the Sun.

[Billy Balfour]

Who is the snake in the camp? little worm snitching to the Sun.

None of us know the details as to what led to him being stopped or how the media got hold of the story - so stop talking crap.

[BobSykes]

Cheshire Police will surely have fed it to The Sun, not the club. Interesting question is who tipped off plod on the night - or did they just happen to be out on the road at 3am and followed him home suspecting he might have had a couple....

Anyway, what a silly arse. Inexcusable and should know so much better!

[timshorts]

Marcos Alonso - Kills a passenger in a car accident driving 70mph in a 50mph zone, over the legal limit. €61,000 fine and 3 years driving ban (that he already served before sentencing apparently). Goes on to have a successful career at Fiorentina/Chelsea.

Jack Grealish - Speeds and crashes into two cars in the middle of the night, flees the scene. Later done for 'Careless Driving'. £82.000 fine and 9 month driving ban. (He also repeatably broke lockdown rules).

Ashley Barnes - Gets caught pulling into his cul-de-sac over the limit after making his way home accident free. Never plays for Burnley again.

Don't get me wrong, I know the reputable players get away with more than ours, but I think its a bit of a stretch to say he'll never play for us again. He'll get a ban, Westwood will drive the van instead and a hefty fine.

Not good from Barnes, who should know better. Although I'd guess a lot of them do this and get away with it quite regularly.

Francois Sterchele - Not drunk, but speeding in his Porsche and ends up coming off the road and hitting a tree. Costs him his life. Probably costs Belgium at least one of a world cup or a Euro's as he was the "star" forward from their golden generation and would, I suspect, have started ahead of Lukaku and definitely ahead of Benteke.

Somehow this seems seriously unjust when compared to some of those above, but that road (the A2 Antwerp-Oostend) is pretty much dead straight so something odd must have happened.

[BobSykes]

Interesting also that the address given in The Sun doesn't seem to remotely contain anything like a PL footballer's mansion - quite the opposite and not very Wilmslow at all.

Wonder what he was up to....?

[brexit]

Hiding in a wardrobe?

[KRBFC]

None of us know the details as to what led to him being stopped or how the media got hold of the story - so stop talking crap.

How about you stop talking crap and read the posted article where it quotes a source clearly from inside the group.

[Billy Balfour]

How about you stop talking crap and read the posted article where it quotes a source clearly from inside the group.

Is that the article in The Sun where it says 'a source'? Must be true, eh. Silly me.

[warksclaret]

Personally I am staggered if one of his team did not say "Ash-theres no way you are driving home". They must all have had their cars in the same car park with many probably being able to order a cab, huba or maybe had a hotel in Burnley booked