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Thread: Crashed at T Junction, Drank a Few Cans Afterwards & Before I was Breathalysed

  1. #1
    Poody01 is offline New Member
    Join Date
    Mar 2018
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    1

    Default Crashed at T Junction, Drank a Few Cans Afterwards & Before I was Breathalysed

    So I went to a couple of pubs on a night out and had 2 pints of strongbow. I stopped drinking at about 00:30 and carried on drinking coke. I got in at around 02:30 and decided to drive down to my girlfriends. I grabbed 5 cans I had in the fridge because I wanted them for the rugby the next day. On the way o took a wrong turn and ended up in the middle of nowhere. Trying to find my way back to my route I came across a t junction a bit to fast and crashed, this was at about 03:00 (I wasn’t injured) my phone was dead and I was in the middle of know where. It was -5 and nobody came for about 40mins. I couldn’t stay there any longer as I was freezing. So I neck a couple of cans and decided to walk. I drank the other cans on the way what I thought was home and was pulled over by police at 05:55. I was breathalised and blew 62. I told them I had been involved in a crash and they arrested me. I blew 91 when I got back and have been charged of DUI. I really don’t think I was under the limit when I drove and know it was stupid to drink after, but I was freezing, (only had a t-shirt on and car wouldn’t start) in shock, and needed to get warm so put my beer coat on. Do I have a defence?
    Last edited by Forum Moderator; 03-08-2018 at 03:39 PM.


  2. #2
    Join Date
    Nov 2008
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    I represent people accused of road traffic offences all over England and Wales
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    3,145

    Default Re: Crashed at T Junction, Drank a Few Cans Afterwards & Before I was Breathalysed

    Convicted Driver Insurance Quotes
    The starting point for the police is to measure the amount of alcohol in your breath as they have done. There is a legal presumption that this is the level at the time of driving unless you can prove otherwise. The burden of proof in that situation lies with you. This is known as a 'hipflask defence' and involves instructing a forensic toxicologist to calculate back to the time of driving after considering your post incident consumption. If the calculation suggests you would have still been over the limit at the time of driving then this would not amount to a defence. I would recommend instructing a solicitor should you wish to pursue this line of enquiry.