Hip Flask Defence Advice

[gnbe]

Hello,

I crashed my car in a country lane to avoid another car and rolled my car. When I exited the car I was in shock and opened a bottle of wine, walked to my neighbours house to get help and phone the police and drunk the rest of the bottle of wine. A man who helped me out the car witnessed me opening the bottle and my two neighbours witnessed me drinking the rest of it whilst awaiting the Police (they did try and stop me).

I was taken to hospital and breatherlysed, but not told the results. I was then given morphine for the pain of my crash injurys. The policeman asked to speak to me and refused to let my wife and mother in law be present, despite asking twice, stating it was not the type of questions to have them present at and he wanted to be more private. I have no idea what happened in the interview due to the wine and morphine, but I know blood was taken as I gave a sample afterwards to my wife.

I am wondering if I have a possible defence?

Thanks

 

[SeanJoyceStephensons]

When the drink drive procedure is carried out in hospital the medical practitioner in charge of your care decides whether you are fit to provide informed consent to the giving of a blood sample. The law requires that you understand the request, what the purpose of the sample is and the consequences of failing to supply a sample. The police must complete a questionnaire with you which you are asked to sign. I presume this was done in your case.

If you were in no fit state to receive this information and provide informed consent then this may be worthy of further investigation. Your medical records would need to be closely examined, particularly in realtion to the drugs you wree given, and a statement taken from the medical practitioner in charge of your care.

 

[gnbe]

Thank you for the response, what about the actual 'hip flask defence ?'

One person saw me open the wine after the crash and two saw me drink the whole bottle of wine while in shock after the crash.

I still have not been interviewed or charged the Police have postponed it so I don't know what my blood readings are.

 

[SeanJoyceStephensons]

To run a hip flask defence you will have to get a forensic blood alcohol calculation. This will calculate what your alcohol level would have been had you not consumed the alcohol after the accident. It will be a calculation based on specific information including how much alcohol you drank both before and after you drove.