Legal Advice please

Convicted Driver Insurance

simonviking

New Member
I always go for a few drinks in a local bar and normally drive. I spend roughly 4-5 hours in the bar drinking 3 alcoholic drinks and soft drinks. I have been breathalysed before and always came out without a reading or with something around 8. I am a big chap 6ft2 and 18 stone.
However on Saturday night I was in the bar as per usual and was outside chatting to my friends when a fight erupted and someone pulled a knife, short story I got involved to break it up as security were my friends etc it was all a mess and the the fight was broken up. upon it settling down i found myself having an anxiety attack and really went to pieces outside, my heart was racing and i went weak at the knees, my mouth went completly dry. I asked for a drink and one of the staff went in a bought me out what i thought was coke, turns out it wasnt it was whiskey and coke and I only found this out today.. I downed it and my anxiety attack lasted was still happening but to a lower degree I sat in my car and tried to calm down but it was not working so i decided to head home. I was obviously not driving well due to the panic attack and was promtly pulled over and when i got out my car i was in a real state as the anxiety was bad. Policeman said he could smell alcohol, and was asking me to do a breath test, i couldnt breath and was in a panic, it all got messy and i was handcuffed. after 10 mins and another 10 police officers arrived, i had calmed down and was offered to supply a sample or get arrested.
I supplied and came back as a fail. I weas arrested taken to the police station and within 10 mins was blowing into the machine at the police station, I blew 42 then 41.
I was offered a blood test which I took, and then that was completed after 40 minutes.
I explained all what had happened and a statement was taken.

My questions are rather obvious,
A: Will i naturally lose a few points in that period thus dropping me under the 39 limit
B: I have spoken to the bar and they remember bringing me the drink, i didnt ask for whiskey coke, just normal coke. they just sent me my usual :/ I didnt even register the taste as my head was all over the place. The barman has offered to say if needed under oath that it was his mistake for giving it to me. Is this enough of a mitigating circumstance?

Regards
 
It is impossible to accurately assess whether your blood sample will be under the legal limit as everybody's metabolism is different although it is definitely a possibility.

If the barman is willing to confirm that you had only requested a coke and he had mistakenly given you alcohol then this could amount to a special reasons plea which can avoid a ban altogether. This would require an experts report to be prepared as this will be able to accurately assess what your blood alcohol level would have been without the final drink.

If this is something you would like to discuss in greater detail then please feel free to call my office on 01942 774 156
 
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