Over The Limit - Any Case?

Convicted Driver Insurance

Regal

New Member
Hi just a quick bit of advice if possible;

Drove out of a bar and got pulled over by police. Failed roadside test and was brought to station for further tests. Blew 54 and 53. Couldn't believe that I had failed the test as I only had a bottle and half of beer and then stopped as I had my car with me so had a few glasses of "juice" and some food before going home. Granted, in hindsight with realisation, I shouldn't have had any alcohol at all and got behind the wheel of a car so no excuses there, it was wrong, full stop.

Next day being totally disgusted and very much bewildered at how that small amount of drink could put me 1.5x over the limit I went to visit friends I was with on the night previous and so the conversation developed when I said that I only had a bottle and a half of beer when my friend's girl interjected saying but "you stole a few glasses of our cocktails too so it's no wonder you were over the limit!" I didn't know what she was talking about but to cut a very long and boring story short it turns out that the "juice" I thought I had drank was in fact a cocktail. Here is the scenario......there was a birthday party on with a full buffet of hot & cold foods. So after pushing aside the remainder of the second bottle of beer I went up to get some curry and rice from the buffet table and sitting on the large table was a glass pouring jug with, what I assumed was, juice as it looked like juice and was in a jug and was sitting beside food. Call me Mr Naive here. The bar had closed at this stage and any glasses sitting on the table seemed dirty so I went back to my table and lifted the glass I had been using and had a few glasses of this stuff as I ate the food. Turns out that someone had ordered a jug of some cocktail from the bar and sat it on the table whilst they carried plates of food down to their table and during the commotion of alcohol consumption, food eating, being merry and dancing the jug of cocktail was left on the buffet table then along comes me and starts getting stuck in rather innocently.

I cut that as short as I could but basically my solicitor said that the fact that I had admitted to drinking he didn't see any defence as it would be hard to prove that the 1.5 bottles of beer didn't put me over the limit, which to me sounds fair enough. I rang a second solicitor and had the same response. Both sympathised with me saying that they 100% believed me but didn't think I had a case.

I am preparing for court and have subconciously already prepared for a 12 month ban (-25%) & fine and will have legal representation if even for the sake of formality but I just throw this out to you as a very last resort to see if, on the face of it, there is any argument?

The bottom line is I was drinking and got behind the wheel of a car and am actually relieved that this the only outcome as opposed to killing some poor person and/or myself and in some part of me I'm actually relieved too that it happened as it ensures that I will never place myself or others in such danger again - so this isn't by any stretch a lose, lose situation. I simply ask because it is very possible that I was under the limit before I downed 2 glasses of cocktail with god knows what in it. There isn't a chance in hell I would have gotten behind the wheel of a car if I'd a known what I was drinking and the truth is that it just tasted like an orange/pineapple cordial. I felt fine and didn't think I was over the limit at all. I offered a friend, his wife and their son a lift home and there is no chance they would have had got into a car had they suspected I was over the limit.

But on that note I will leave it at that and thank you for taking the time to even read this essay. As I say all isn't lost if no help can be offered as there's a big lesson in all this!

Thanks

PS: First offence of any kind ever - driving 17 years whilst that doesn't say anything it at least gives you a picture.
 
hello, I know that you have already spoken with my colleague Alex but if you have any more questions then please just call my office and I am sure that we can help, regards
 
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