Advice required

Convicted Driver Insurance

davidsr2

New Member
Hi

i was arrested for drink driving whilst sat in my home.

I had been out shopping to get beers for bonfire celebrations from my local shop, I called into my local pub for one pint of American IPA, after this I drove back home and was involved in a minor accident with a disabled buggy that was in the road with no lights on 7:00pm on bonfire night. I stopped at the scene for approximately 15 mins until the paramedics arrived, I ensured the other party involved had my details however I couldn't give them directly as there was a language barrier. An independent witness has said I stayed until the paramedics arrived however he claimed he thought I was going to drive off from the scene due to me moving my vehicle to block the road from oncoming traffic.

After leaving the scene I carried on my journey home, on arriving home I had a large glass of whisky followed by 3 cans of cider, approximately 2 hrs after the incident the police arrived at my house and instantly arrested me for drink driving and leaving the scene of an accident. I blew 104 on the lowest measurement.

The arresting officer found two empty cans in my full recycling bin however he didn't find the third due to it being crushed. My wife can account to my sobriety on leaving the house and returning and nobody at the scene of the accident has claimed I was drunk.

What will be the best course of action for my defence?

thanks
 
The law states that your alcohol level at the time you drove is presumed to be the level it was at the time of your test. The burden of proof rests with you to prove that it wasn't and that you drank the alcohol after you drove (commonly referred to as a "hip flask defence".

You will need a forensic expert to produce a report calculating what your alcohol level was at the time you drove. The expert will need various details, including the exact quantities of alcohol consumed.

This is a complex and technical area of law and you should take specific advice from a specialist drink driving solicitor. Please call my team on 03333233733 for more detailed advice.
 
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