Caught drink driving after concert, blew 44 at police station

[Taffy1]

Long story but here goes,
On Saturday got up 430am, got to work at 6am, left work 11am and travelled home (150 mile round trip), left home 60 mile journey to watch a concert 4pm to 10p.m. (ate meal 2;pm) during concert consumed 2 points I never drink more, friend drinking wine, left concert at 10pm for 60 mile journey back, crashed car at 11:30pm swerved to avoid fox was doing 70mph to 80mph on a dual carriageway car write off, no other vehicles on road at time, also friend asleep at the time of crash, I had also been feeling tired.
Blew a 55 @ roadside and 44 @ station, cooperated fully even officer said how calm I was, wouldn't have suspected I had been drinking g, they thought my friend was because she delirious and drunk I was trying to calm her down when the police arrived, it was her car I am full comp insurance.

Now the real twist to my story, on the Sunday talking about the event I said to my friend if I had been drinking the green monster energy drink instead of the yellow can I may not of been feeling that tired, she replied that when I had a can of monster towards end of evening after drinking two pints and leaving concert she had tipped the remainder of her wine into the can to drink for on the journey back (not allowed to take alcohol off premises) I had been to toilet we was talking to people on the way out, so it wasn't mentioned at time, now upon getting in vehicle she fell asleep pretty much straight away, as my journey progressed I had been drinking the can until empty to help keep me alert and awake (I drink lots of this stuff due to long hours I work and travel, 150 miles a day)

Now tbh at time of accident I thought the two pints had put me over and I had just been stupid by sticking to a two pint rule all these years, clean licence never no convictions or record.

But with this revelation I have contacted a solicitor who said I could try to defend my questions are these, I have also been to recovery yard to get personal stuff from car and found the can, I did call police to come with me and meet me there due to this fact but they would not

1) would it be easier to just plead guilty and hope for 12 month ban
2) plead not guilty
3) plead guilty with special circumstances
4) friends insurance I am named on will they be involved with police,car a write off worth about 9k(I will pay for car if no claim)

I know this story sounds far out there but this is what happened, I am separated and pay for house my ex wife and young daughter live in plus maintenance, drive a company vehicle and have people rely on me driving to take them to work, plus job involves driving around a lot, my daughter lives 25 miles away, loss of licence loss of job possibly.

Tbh now I think there should be a complete ban on drinking and driving I have been foolish I feel embarrassed and totally powerless to do anything to rectify this situation or put it right and not effect the lives of people who rely on me

Thanks for the site it has helped me no end and been a comfort during this dark time

 

[SeanJoyceStephensons]

The issue that you are mentioning would not specifically amount to a defence as you have still driven the vehicle whilst in excess of the legal limit, albeit unknowingly. This issue is referred to as spiked drinks and could amount to a special reasons plea depending upon the circumstances. The key thing you will have to demonstrate to the Court is that you had unknowingly consumed the additional alcohol and that had it not been for this, you would not have been in excess of the legal limit. To this end you would need to speak to your friend to find out exactly what wine and how much of it was poured into the Monster energy can. A forensic toxicologist could then prepare a report calculating the alcohol that you had consumed and what your reading would have been at the time of driving.

If this is an argument that you intend to advance at Court then I would strongly advise that you obtain legal representation. A special reasons plea is quite a complicated issue to raise and there are numerous factors that have to be satisfied before the Court will accept this. It will also be a requirement for your friend to provide a statement, and quite likely attend Court to explain her involvement in the matter.

If you wish to discuss the option of representation you are welcome to contact my department on 0333 999 7158.

 

[Taffy1]

The issue that you are mentioning would not specifically amount to a defence as you have still driven the vehicle whilst in excess of the legal limit, albeit unknowingly. This issue is referred to as spiked drinks and could amount to a special reasons plea depending upon the circumstances. The key thing you will have to demonstrate to the Court is that you had unknowingly consumed the additional alcohol and that had it not been for this, you would not have been in excess of the legal limit. To this end you would need to speak to your friend to find out exactly what wine and how much of it was poured into the Monster energy can. A forensic toxicologist could then prepare a report calculating the alcohol that you had consumed and what your reading would have been at the time of driving.

If this is an argument that you intend to advance at Court then I would strongly advise that you obtain legal representation. A special reasons plea is quite a complicated issue to raise and there are numerous factors that have to be satisfied before the Court will accept this. It will also be a requirement for your friend to provide a statement, and quite likely attend Court to explain her involvement in the matter.

If you wish to discuss the option of representation you are welcome to contact my department on 0333 999 7158.

Thank you for the reply, the friend would be happy to give a statement, court yes but she doesn't cope well with stressful situations, further more what factors would I have to satisfy

 

[SeanJoyceStephensons]

This is by no means an exhaustive list but I imagine the Court will want to know why your friend has decided to pour the wine into a Monster can instead of simply leaving it at the gig. Similarly why she had poured this into someone else's drink without ever telling you that she had done so. They are also likely to question why you had not noticed a difference in the flavour of the drink having had wine added to it.