Advice please! Really worried!

[LFCfan]

Hello. I had parked my car around the corner from where I live (approx 80 yards away from my drive) due to my neigbours van and other cars being in my way. There was a group of young lads near a house where I parked it. Approx three hours later one of the lads told me to move the car as it was in his way or they would 'smash it'. This is a company car, I did not want any trouble due to my two children being inside my house and also having to live there. I then left my house barefoot, in the rain around 11.55pm and reversed the car approx 50 yards when I noticed a Police car pull up beside me. He asked if i had been drinking, I had. He then breath tested me, I blew 51 and was arrested. Then taken to the Police station and around 20 minutes later blew 49 at the station. I then provided a blood specimed around 20 minutes later to be sent for analysis. I had no intention of moving the car untill the next day but had no choice due to the threats being made by the group of lads who are always hanging around there. If convicted of drink driving I would lose my job, my kids would have to change school due to the distance required to travel to their first senior school and this would affect my prospects of re employment for years! (I am a regional account manager). I am so worried and feel so unlucky, though I know I shouldn't of driven I had no real choice but to avoid confrontation with the group of ar**holes near my house. Please advise! I had a total of 5 pints of normal beer over approx 6 hours when I was blood tested. I am convinced I will be over 80 on the result!

 

[Forum Moderator]

Hello. I had parked my car around the corner from where I live (approx 80 yards away from my drive) due to my neigbours van and other cars being in my way. There was a group of young lads near a house where I parked it. Approx three hours later one of the lads told me to move the car as it was in his way or they would 'smash it'. This is a company car, I did not want any trouble due to my two children being inside my house and also having to live there. I then left my house barefoot, in the rain around 11.55pm and reversed the car approx 50 yards when I noticed a Police car pull up beside me. He asked if i had been drinking, I had. He then breath tested me, I blew 51 and was arrested. Then taken to the Police station and around 20 minutes later blew 49 at the station. I then provided a blood specimed around 20 minutes later to be sent for analysis. I had no intention of moving the car untill the next day but had no choice due to the threats being made by the group of lads who are always hanging around there. If convicted of drink driving I would lose my job, my kids would have to change school due to the distance required to travel to their first senior school and this would affect my prospects of re employment for years! (I am a regional account manager). I am so worried and feel so unlucky, though I know I shouldn't of driven I had no real choice but to avoid confrontation with the group of ar**holes near my house. Please advise! I had a total of 5 pints of normal beer over approx 6 hours when I was blood tested. I am convinced I will be over 80 on the result!

If your blood test results show that the alcohol in your system exceeded 80 milligrams of alcohol per 100 millilitres of blood then you will be charged accordingly and bailed to appear at magistrates court. You can view the sentencing guidelines upon conviction of driving with excess alcohol here.

Looking at your breath test results it would appear that the level of alcohol in your system would see you falling into the lower sentencing bracket which would mean a band C fine and a 12-16 month disqualification upon conviction. The majority of first time offenders usually benefit from the opportunity to take the drink driving rehabilitation course, upon completion of the course any period of disqualification imposed would be reduced by up to 25%.

My advise to you would be wait until you answer bail at the police station and if you are formally charged with the offence of driving with excess alcohol under section 5 of The Road Traffic Act 1988, it may be worth your while to consult with a solicitor who can advise you if there is any likelihood of successfully arguing special reasons not to disqualify based on the short distance you actually drove. You can find more information on special reasons not to disqualify here.

 

[LFCfan]

Hello again. Thanks for the reply. This site is really helpfull! I have been able to think about nothing else, I am devestated at what has happened! Worried about losing my house and everything due to threats from some idiots and me moving the car around 30 - 50 yards!

I have noticed that the time on the printed sheet with my breath tests at the Police station is incorrect. My 'time of arrest' was 00:05. But the time on the breath test print out at the station is 11:59pm. (So I was tested 6 minutes before I was arrested according to this). Does this change anything? I had a blood sample taken around 20 minutes later which has been sent for analysis. Do I have a chance of coming back under the limit from a reading of 49 at the station with approx 30 minutes to one hour when blood was taken.

Even if I keep my licence I think I would still lose my job with a conviction on my record (which is currently clean). I think I could get another job if I could drive, and then still pay my mortgage.

So worried, please advise. Thanks.

If your blood test results show that the alcohol in your system exceeded 80 milligrams of alcohol per 100 millilitres of blood then you will be charged accordingly and bailed to appear at magistrates court. You can view the sentencing guidelines upon conviction of driving with excess alcohol here.

Looking at your breath test results it would appear that the level of alcohol in your system would see you falling into the lower sentencing bracket which would mean a band C fine and a 12-16 month disqualification upon conviction. The majority of first time offenders usually benefit from the opportunity to take the drink driving rehabilitation course, upon completion of the course any period of disqualification imposed would be reduced by up to 25%.

My advise to you would be wait until you answer bail at the police station and if you are formally charged with the offence of driving with excess alcohol under section 5 of The Road Traffic Act 1988, it may be worth your while to consult with a solicitor who can advise you if there is any likelihood of successfully arguing special reasons not to disqualify based on the short distance you actually drove. You can find more information on special reasons not to disqualify here.

 

[Forum Moderator]

Hello again. Thanks for the reply. This site is really helpfull! I have been able to think about nothing else, I am devestated at what has happened! Worried about losing my house and everything due to threats from some idiots and me moving the car around 30 - 50 yards!

I have noticed that the time on the printed sheet with my breath tests at the Police station is incorrect. My 'time of arrest' was 00:05. But the time on the breath test print out at the station is 11:59pm. (So I was tested 6 minutes before I was arrested according to this). Does this change anything?

As long as it can be proved that the analytical function of the machine was calibrated and it was otherwise in correct working order minor inaccuracies such as the time being incorrect will not invalidate the evidence produced by the evidential breath testing machine.

I had a blood sample taken around 20 minutes later which has been sent for analysis. Do I have a chance of coming back under the limit from a reading of 49 at the station with approx 30 minutes to one hour when blood was taken.

If you were given a part of the blood sample that was taken for testing then you can have it independently tested by an analytical chemist of your choice. A list of Road Traffic Act Analysts can be found here. This method will be more accurate than trying to estimate what your blood test result will be.

 

[gutted]

Hello again. Thanks for the reply. This site is really helpfull! I have been able to think about nothing else, I am devestated at what has happened! Worried about losing my house and everything due to threats from some idiots and me moving the car around 30 - 50 yards!

I have noticed that the time on the printed sheet with my breath tests at the Police station is incorrect. My 'time of arrest' was 00:05. But the time on the breath test print out at the station is 11:59pm. (So I was tested 6 minutes before I was arrested according to this). Does this change anything? I had a blood sample taken around 20 minutes later which has been sent for analysis. Do I have a chance of coming back under the limit from a reading of 49 at the station with approx 30 minutes to one hour when blood was taken.

Even if I keep my licence I think I would still lose my job with a conviction on my record (which is currently clean). I think I could get another job if I could drive, and then still pay my mortgage.

So worried, please advise. Thanks.

You'll probably find the time on the breath test print out is 11.59 BST, and therefore the correct time.

You could always try the duress argument, but don't hold your breath.

 

[price1367]

Gutted is right about the time, but you cannot claim duress to avoid a drink driving ban, you do get a minimum 12 months ban if over, whatever your personal circumstances.