Advice Please - So Worried!

Convicted Driver Insurance

LFCfan

Member
Hi. I was stopped last Friday 22nd August. I had been threatned by a group of local lads to move my car as it was in their way or they would 'smash me and the car' as they needed to get out and I was in the way. I had parked it there earlier because my neigbours van was outside my driveway and told them I had been drinking. I left the house barefoot at around 5 to midnight, got in my car and reversed only about 30 yards. Whilst reversing I noticed headlights behind me so moved over to let the car overtake me. To my surprise and horror it was a Police car who stopped and asked me had I been drinking. I had, but not much, around 5 pints of 4% lager in 6 and a half hours. I did not tell them why I had to move the car at the time for fear of being labelled a 'grass' if the Police approached the group of lads who then watched me get arrested. I have two young daughters and did not want to start confrontation near my house. I blew 51 at the roadside at midnight, arrested at 5 past midnight and in the station around 30 minutes later i blew 49. I was then asked for a blood sample which was taken at 01:45am, approx 2 hours since my last mouthfull of lager. I am male, 33, 5ft 11, weighing 179lbs (12st 8) regular drinker. I stand to lose a job which I love and alot more if convicted! My questions are: Could my blood results be under the prosecution limit? If charged do I have a defence as to why I drove the car in the first place, I was in fear of my safety? Please advise, I am so worried, cant think about anything else! I currently have held a clean licence for 10 years.
 
It is possible that your reading would be below the legal limit, however there is no way to be certain of this and the best course of action would be to have your own blood sample analysed as this will give you an indication of the likely reading before you go back to the police station.

Based on the information you have provided, you may well have an argument of special reasons. This is different from pleading not guilty as you accept that you drove the vehicle whilst over the limit. However, you could argue that because of the very short distance you drove the vehicle, and your reasons for doing so, there are special circumstances surrounding the case. If you were successful with this then you can avoid a disqualification being imposed, although you would still be found guilty of the offence.

This is often quite a technical argument and it can be beneficial to have representation at the hearing, should the case go that far. If you are charged with the offence you are welcome to call my team on 0333 999 7158.
 
Hi. So I have called today and been told I am being charged by post. Blood was 103. That's all I know right now.. How can I defend myself and put across the circumstances, I cant afford a solicitor if it's 1000s. I moved my car all of 50 yards, in reverse, with no shoes on. This was because I was threatened by lads to move the car. I will lose my job, maybe house and family over this. Feels very unfair, what can I do?
 
I would not expect legal aid to be available for this offence as there is no risk of a custodial sentence being imposed. Unfortunately the only other option to have full representation throughout your case is to instruct someone privately. You can of course run your case without legal representation, if you choose to do this I would advise at least speaking to the duty solicitor on your first court appearance so that he can review any papers available at the time.
 
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