Drunk in Charge

Convicted Driver Insurance

richrob

New Member
Last Saturday night I drove to a different city with a friend. We went on a night out with friends of my friend and ended up staying at their place. I woke up on Sunday and could not find anyone so went to Tesco nearby (walked) to get some food. I ate the food and contacted my friend again. He was asleep and din't pick his phone up. Locked out and not knowing exactly which flat his friend lived in I decided to sleep in my car and with it being cold ran the engine to put the heating on. At this point I did not feel right to drive.
Half an hour later (1030) police knocked ont he window and informed me that I was committing an offence (I had no idea). I blew over the limit (53) and was taken to the station where I blew 48. I was not offered a blood test but rather told I had to have one. There was a healthcare professional at the station so only 20 minutes passed between breath and blood test.
I am pretty certain the blood will be over and I will be charged with DIC. During the interview (I stupidly declined a lawyer) I stated that I had no intention to drive and while I wanted to get back for the football at 1330 I would not put lives at risk to do this ie I would watch the football in this city if I did not feel right to drive. I also didn't mention that I had to give my friend a lift back home and could not leave him there. I repeatedly stated I had no intention to drive the vehicle.

As it transpired my friend only woke up at 1300. This means we would not have left the city until at least 1600 when the game had finished. In addition, the person we were staying with had stated the previous night we could watch the game there.

I have call logs proving that my friend contacted me at 1300 and this was the first call he made to me that day.
My question is do I have a case for pleading not guilty as there was no likelihood of me driving whlst over the prescribed limit?
 
You certainly have grounds on which to put forward a defence, however please bear in mind that the Court will no just be looking at your intentions, but whether they feel there was any likelihood of driving whilst still over the limit. If you are to successfully defend this I believe that you would need to instruct an expert to comment on when your alcohol levels would have been below the legal limit, you would then have to demonstrate to the Court that there was no likelihood of you driving before this time.

If you are interested in representation for this you are welcome to contact my department on 0333 999 7158.
 
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