2% over the limit - drove out of fear - any defence?

[gt83]

I was arrested for drink driving middle of December. I was pulled over because I apparently took too long to pull away when the traffic light went green.
At the station I blew 42 and 44, so opted to take a blood test.
Went back on Friday for my results and had a reading of 82 milligrams in 100 milliliters of blood. So just over, and so was charged.
I am due in court Wednesday 24th of this month.
The policeman advised me it would be worth seeking legal advice.
Me and my friends regularly go out and as a way of saving money we take it in turns to drive to the club, we then get a cab home and the next day someone else will drive the owner to collect the car.
Anyway on this occasion there was a shooting inside the club, after which everyone was told to leave, once outside the club there were many fights, and in the process one the girls I was with had a glass thrown in her face. Although I have no evidence for my friend being injured the shooting did make the news, and the club has not reopened since.
As you can imagine as a young female I felt at risk in the situation, and as I had only drunk one glass of champagne and one glass of wine I decided to get in my car a drive away from an unsafe environment. I was pulled over within about 2 minutes.
I just wanted to know how much of a defense fear is, if at all. And if hiring a solicitor would be of much help, considering the costs of hiring one. I believe without one I would probably face a 12 month ban and a fine.
Any advice greatly appreciated.

 

[gutted]

I considered arguing 'special reasons' and it was to flee an immenent threat. Here are the questions/obstacles you will come across:

• How far did you drive?
  • If you just drove around the corner and were planning on getting out and walking, then you might have a case. If you were a considerable distance away from where the incident occured you have nothing. As soon as the danger is no longer 'imminent' you are expected to get out. So even if you were as little as a half a mile away, a magistrate would probably assume that the threat was gone.
• Did you tell the police at the time?
  • If you got out of the car and said to the police officer 'but we've just had a gun pulled on us', or told someone at the station whilst being fingerprinted, talking to to custody officer or when you get to put down anything which might be in your defence, then you may have a case. But, if you didn't mention it at the time the prosector will be all over it. I'm aware that it isnt a legal requirement but if you didn't mention it the prosector will want to know why not - and might even suggest that you fabricated the 'threat' afterwards having found out about the special reasons (of course one answer could be that you spoke to a solicitor and s/he told you not say anything at all - but even then it may be hard to convince a magistrate)

I decided against it in the end because of the cost and the 50/50 chance I was rated by a good few solicitors. However your argument may be more solid than mine. I would definately recommend you give Shaun on here a call.

Good luck, let us know how you get on/what you choose to do.

 

[SeanJoyceStephensons]

The points that you raise are very interesting. Duress of circumstances is a defence in law, although to establish it successfully you must show that you were in genuine fear or serious harm. If the Court found that the circumstances did amount to duress then they would acquit. Alternatively, if it fell short of a defence of duress then it is possible that you could argue Special Reasons on the basis of emergency. If the court agreed then they have a discretion not to disqualify you. It is impossible to say what your chances are without seeing all the evidence and speaking to you about the case in more detail.

If you plead guilty on the full facts then you can expect to receive a minimum 12 month disqualification, which can be reduced to 9 months if you complete the referral course successfully and if the Court awards the full 25% reduction.

We are often able to represent and advise people for a fixed fee. We are road traffic specialist solicitors with a proven track record in defending people in similar situations. If you wanted us to act for you please do not hesitate to contact us.