Advice needed please

[stupid2010]

Hello, I was caught drink driving in the early hours of this morning. I went out with a friend and was supposed to be staying at her house so I could have a couple of drinks. Well at the end of the night her boyfriend and friend turned up and she wanted to go back to his house which is quite a way from her house, i refused as I knew i needed to be up in the morning for work. Her boyfriends friend was coming on to me and I didnt like it so said that I just wanted her to stay at hers with me, but that caused an argument between her and her b/f. The taxi driver called the police as the arguments got more heated. I got into my car that was on the drive way and locked the doors after the police and taxi had left, the guy was saying he was going to smash the car windows if i didnt let him in. I didnt want to hang around and as I only live about 2 miles down the road I decided to just take the car and go. I know this was a completely stupid thing to do and was pulled by the same police that was just at the house. I failed the test and was taken to the police station and I blew 63mg. I've only had my licence for 18months and im really worried about whats going to happen as I rely on my car for alot of travelling. Any advice would be appreciated. Thanks

 

[SeanJoyceStephensons]

If you drive whilst over the limit youa re guilty of an offece unless you can successfully argue a defence of Duress. To do this you would have to show that you were in genuine fear for your life or of serious harm. It is likely to be very difficult for you to establish this based on what you say. If you are guilty then ordinarily you will receive a compulsory ban for a minimum of 12 months. However, it may be possible for you to avoid this if you can argue Special Reasons. Special Reasons is a mitigating or extenuating circumstance relevant to the offence (rather than the offender) that does not amount in law to a defence.

An example of a potential Special Reason would be an emergency or personal crisis. You may be able to argue that you were in a personal crisis or emergency situation and that this is the reason you drove. If accepted, the Court can exercise its discretion not to disqualify you.

I have dealt with many successful cases like yours over the years and one of our team would be happy to discuss you case in more detail and give more specific advice free of charge if you call us on 08450020736.