lifechanger
New Member
Dear all;
I am new to this forum and have read through quite a few pages and cannot find an answer to my question. My situation is as follows, and i am sincerely hoping that someone can advise.
the backround: Sunday night my grandfather died, i was at home and had quite a few glasses of wine to toast a life and say goodbye. Monday lunchtime (i was on a day off) I got messages on my phone from my partner who also owns the company I work for, that read like he was closing the business and I was going to be unemployed and single. Stupidly (after 2 lunchtime glasses at home) I got in my car to try and find him country roads, approx 5 miles. My stress levels were high but I genuinely felt ok to drive. At approximately 2.30 pm I was driving along a straight road at approx 35 mph in a 40 zone when an articulated lorry smashed into the side of me as he pulled out of a side industrial park. I turned the car around about 50 yards on and parked up off the road. First thing I did was take photo's of the car and lorry who was still at his junction, then proceeded to ask the driver for his details.
Here's the kicker. the driver didnt speak a word of english, and kept trying to get me to sign a form that was all in spanish. He kept thrusting his phone at me to speak to his manager in spain who yet again I couldnt understand. This went on for what seemed like an eternity, when a bystander said, "you're getting nowhere, call the police", I agreed and we did. My stress levels by this time were through the roof, and it dawned on me that i had just be hit by a hgv. felt very scared and shaky at this point.
The police were delayed in getting there as they were busy on another call. One officer stayed with me to take details, asking if I was driving the car, I said yes obviously. and the other went across to the lorry driver to try and talk to him. after another wait, they finally sussed out what the forms were. At this point the officer told me that it is routine to breath test, and asked if I had anything to drink. I said yes. I blew, I failed.
I was driven 17 miles away to a custody suite arriving approximately 4 - 4.30pm. I blew into the machine and 79 was recorded at which point I was processed and put into a cell. By rights I should have been there til midnight but the officer came back for me about 9.30pm, I had my interview and he drove me home.
He said being hit like that by a foreign lorry is quite common as they don't tend to look the right way first when exiting junctions. He said that I most likely had 'topped up at lunchtime' from the night before which is why i blew high. He said I was perfectly lucid and not falling over or anything thats why he came for me early to release me. He also said that unfortunately I admitted to driving the car (had no choice) hence the charge of drink driving, even though I wasn't pulled for drink driving and they didnt see me driving. In any other circumstance this would have been a drunk in charge of a vehicle charge. now I'm facing 17month ban reduced to 13 with a course.
I guess I'm clutching at straws here - but had the lorry driver been english speaking, with english forms, we'd have swapped details and we'd both been on our way within 15mins. I was 30seconds away from where I was going. So my questions are:
Can a magistrate reduce the charge from drink driving to drunk in charge?
Can i plea for a hefty fine and less ban if not?
Are these mitigating circumstances?
Can stress and adrenalin push readings up? (I also need to find out if my blood disorder means I process alcohol differently)
I would also like to add that I have been driving for 19 years, never had any points, no bumps, not even a parking ticket
Please help.... with thanks.
I am new to this forum and have read through quite a few pages and cannot find an answer to my question. My situation is as follows, and i am sincerely hoping that someone can advise.
the backround: Sunday night my grandfather died, i was at home and had quite a few glasses of wine to toast a life and say goodbye. Monday lunchtime (i was on a day off) I got messages on my phone from my partner who also owns the company I work for, that read like he was closing the business and I was going to be unemployed and single. Stupidly (after 2 lunchtime glasses at home) I got in my car to try and find him country roads, approx 5 miles. My stress levels were high but I genuinely felt ok to drive. At approximately 2.30 pm I was driving along a straight road at approx 35 mph in a 40 zone when an articulated lorry smashed into the side of me as he pulled out of a side industrial park. I turned the car around about 50 yards on and parked up off the road. First thing I did was take photo's of the car and lorry who was still at his junction, then proceeded to ask the driver for his details.
Here's the kicker. the driver didnt speak a word of english, and kept trying to get me to sign a form that was all in spanish. He kept thrusting his phone at me to speak to his manager in spain who yet again I couldnt understand. This went on for what seemed like an eternity, when a bystander said, "you're getting nowhere, call the police", I agreed and we did. My stress levels by this time were through the roof, and it dawned on me that i had just be hit by a hgv. felt very scared and shaky at this point.
The police were delayed in getting there as they were busy on another call. One officer stayed with me to take details, asking if I was driving the car, I said yes obviously. and the other went across to the lorry driver to try and talk to him. after another wait, they finally sussed out what the forms were. At this point the officer told me that it is routine to breath test, and asked if I had anything to drink. I said yes. I blew, I failed.
I was driven 17 miles away to a custody suite arriving approximately 4 - 4.30pm. I blew into the machine and 79 was recorded at which point I was processed and put into a cell. By rights I should have been there til midnight but the officer came back for me about 9.30pm, I had my interview and he drove me home.
He said being hit like that by a foreign lorry is quite common as they don't tend to look the right way first when exiting junctions. He said that I most likely had 'topped up at lunchtime' from the night before which is why i blew high. He said I was perfectly lucid and not falling over or anything thats why he came for me early to release me. He also said that unfortunately I admitted to driving the car (had no choice) hence the charge of drink driving, even though I wasn't pulled for drink driving and they didnt see me driving. In any other circumstance this would have been a drunk in charge of a vehicle charge. now I'm facing 17month ban reduced to 13 with a course.
I guess I'm clutching at straws here - but had the lorry driver been english speaking, with english forms, we'd have swapped details and we'd both been on our way within 15mins. I was 30seconds away from where I was going. So my questions are:
Can a magistrate reduce the charge from drink driving to drunk in charge?
Can i plea for a hefty fine and less ban if not?
Are these mitigating circumstances?
Can stress and adrenalin push readings up? (I also need to find out if my blood disorder means I process alcohol differently)
I would also like to add that I have been driving for 19 years, never had any points, no bumps, not even a parking ticket
Please help.... with thanks.