didn't know the effects....

[ace85]

Got pulled for DD, court in 2 weeks.
I'd had a pint around 8pm and soft drinks after. Hadn't eaten anything. Went to go back to mine around 11ish and Mrs had locked the door on me. Tried to ring her but no joy. Called my brother and no luck but decided to make the 25 mile trip there as I assumed I'd be under the limit 3 hours later.
Was driving and started having panick attack. I've got clinical depression and anxiety medicated by antidepressants which are quite strong but don't stop me driving. Pulled off the a road and pulled up. At this point I was 3 minutes away from destination, less than a mile. To calm down as I have done in the past I had a tin of beer, thinking that it wouldn't be in my system by the time I got to my brother's place.
Went to go round a corner and was clipped by car which took wing mirror off. Stopped straight away. Police called, took 15 minutes. Was breathalysed and was 0.60 an hour later at the station blew .85.
The tablets cause memory loss and confusion, so told the police next morning I'd had more. I can't really remember the interview, or much of the night previous, just little bits. Any advice?

 

[SeanJoyceStephensons]

Based on the information provided I don't see a defence to an allegation of Drink Driving here. The medical condition you describe, effects of the medication and other facts surrounding the offence could all be factors you could advance in mitigation which the court may take into account. The fact your blood alcohol level increased between the sample taken at the roadside and the sample taken later at the police is evidence of recent alcohol consumption, as you've described but you appear to accept that you drove (albeit a short distance) after consuming the alcohol.

Shortness of distance driven is capable of amounting to a special reason but you would have to demonstrate that the distance driven was very short, there was a really compelling reason for driving whilst over the limit and, even then, it would be problematic to prove that you drank most of the alcohol after driving the majority of the journey. All of this reduces your prospects of successfully arguing special reasons.

The sentencing guidelines for 60-89mg of alcohol in breath, for a first offence, are a Band C fine and 17-22 month ban. As always, this can be reduced by up to 25% if you are referred for, and successfully complete, the drink drive rehabilitation course.