Conflicting Advice from Solicitor Confused what to do??

[Petra]

Hi,

I got arrested at the roadside following a member of public reporting me to the police after they saw me curb my car and puncture my tyre. The person banged on my window and then opened the door and smelled alcohol and rang the police.

I slowly drove off and parked at the side of the road about a mile away. It was a country lane and the car was parked up in the entrance to a private farm track. I suffer from severe panic attacks and take lorazepam and recently started taking an SSRI as well for depression as I have been in an abusive relationship which had come to a volatile end 2 days before this incident. I had a full large bottle of vodka in the car and as I was in a state of panic I gulped half of it it down as fast as I could. Looking back - stupidly - with the intention of not coming round at all - I was depressed even more with starting the new medication as this can happen at the start of taking it.

The police found me supposedly half an hour later and I blew 186 at the roadside and then 109 at the station.

My solicitor advised me to plead guilty to drunk in charge but not guilty to drink driving as it was upto them to prove I was over the limit prior to parking up.

This was some weeks ago and I went to court last week - another solicitor from the same firm was there and advised me to plead guilty as damage limitation and the witness (a taxi driver) and his daughter had given statements.

I said I thought I was not pleading guilty??? Both solicitors were there and they discussed it and it was of the opinion that the witnesses would possibly not turn up and woulod be worth a try.

I went into the courtroom and the magistrate was not happy at all with the solititor and said that pleading not guilty was just storing up more trouble for me in the long run. He said the defence was absurd given the witness statements and the reading and presumably I was paying privately.

Now I am wondering whether to change my plea?? Is it too late. I have to get reports to back track my alcohol and what effect if any my meds would have on the reading. I also had not eaten fro 2 days prior to consuming the alcohol through upset and lack of appetite. I have a clan license and no previous convictions.

The trial is set for 22nd December which is in a court miles away fro some reason - what happens if the witness does not turn up - his daughter has been ggiven a video link to the court.

What is your advice please?????

 

[SeanJoyceStephensons]

Post accident consumption (aka "hip flask defence") requires a Blood Alcohol Calculation by an expert to establish what your alcohol level would have been at the time that you drove the car. There are a number of variables that will be taken into account in performing this calculation. However, the burden is on you to prove that you were not over the limit when you drove. The expert doing the calculation only has your word in relation to what and how much you drank and at what time. Ultimately, whether you are convicted or acquitted is going to depend on whether or not you are believed.

As far as changing your plea is concerned, you can do this at any stage. The earlier you plead guilty the more credit you will be given.

I am not able to advise you what to do because I do not have the benefit of seeing all the evidence in the case, including a detailed statement from you. Given that you already have legal representation then you need to take advice from your own solicitor.