Query

[mymatemat]

Hello. I was recently involved in a car accident I clipped the curb and ended up on my side in a bush. I had had a drink but had to drive as my girlfriend had kicked me out and was threatening me with her cousins. The car was still driveable and no one else was involved so I proceeded to drive home. I was reported by a witness and the police came to my house about 2 hours later. I had continued to drink when I got home and was not arrested any where near my car. They took a reading at the station of 73 and are using a back calculation to try and prove I was drunk at the time of offense. I have denied drinking prior to getting home and wondered what the likely outcome of that would be. Thank you

 

[SeanJoyceStephensons]

The outcome will depend on several factors as there are a number of potential issues in your case.Firstly, it will depend on what you have said under caution in interview, the exact time that the prosecution can prove you drove and the result of the BAC calculation.The prosecution will have to show, beyond all reasonable doubt, that at the time you drove you would have been over the legal limit.Assuming they can then you would need specific advice about any potential defences or special reasons. For example, duress would be a complete defence to the charge (but this would have to involve a real risk of death or very serious injury). On the otherhand circumstances falling short of duress could amount to a special reason. A special reasons is defined as a mitigating or extenuating circumstance(s) relating to the facts of the offence, which do not amount to a defence in law. We would need to discuss the case with you in more detail in order to advise you whether you have a defence or whether the facts amount to a special reason, or not.If you would like to discuss this in more detail then please call our national drink driving legal helpline on 03339997158.