Drink driving under stress

[The Priory]

I am requesting information for my mother who has been stopped for driving too slow and was tested for drinking which resulted in a positive at 53. My mother has been in a panic depressive state since my brother was sectioned by the police for trying to take his own life. She had a strong nightcap but could not sleep, she was feeeling claustrophobic and panicky. We have no idea why she got into the car and my dad was unaware she had gone at 2 in the morning. She does not know where she was going, possibly to me. Anyway she has never been convicted and although in her 70s she is a competent driver and fit and healthy. She is however worse than before with the shame and anxiety of the outcome. I am making her go the doctors on Monday but would like some idea on what she is to face and how best to help. Thanks

 

[SeanJoyceStephensons]

The most important issue when considering a penalty in a case like this is the reading produced. A reading of 53µg of alcohol per 100ml of breath will mean that your mother will be liable for a disqualification of between 12 and 16 months together with a fine based on her income. 53µg is towards the higher end of the sentencing bracket however the reading is the starting point for the court. They will also consider what might aggravate the penalty and similarly what might lessen any penalty. Drink driving is a strict liability offence meaning that your mother did not need to deliberately set out to commit the offence in order for the allegation to be made out. Her mind-set at the time and her personal background can, however, present very useful mitigation to assist the court with making a decision about penalty. I would recommend you contact a specialist solicitor to discuss the possibility of representation.