Charged with Drink Driving

[SimonM71]

Hi, this is a bit of a complicated scenario so I will seek to set it out as best a possible.

My girlfriend went on holiday for a week and we had an argument on the phone the night before she returned home so I went out for a few beers with friends. I was due to collect her from the airport 2pm the next day.

I proceeded to collect her and we stopped on the way home for a drink where I had a pint of Fosters. Things were still a bit heated and when we left the pub we had an argument. Regretfully I abandoned the car and her nearby traffic lights. She panicked and called the police as she was no position to be driving herself and was concerned she'd be caught for being in charge of a vehicle whilst over the limit.

I was later apprehended by the police whilst walking down the road drinking a bottle strong cider which I bought from the shop after leaving her. I was breathalysed at 6pm and blew 64mg. I was then released at 12pm with no charge but pending investigation. I have subsequently been contacted to attend court on 31/07/17 charged with drink driving - even though I wasn't caught driving and had a drink after leaving her.

The complication is I've recently (following the incident) been signed off work with anxiety and depression (hence my lack of patience) and have also been diagnosed with alcohol dependency for which I'm receiving treatment. My doctor and counselor (who I saw last week) have both advised I should surrender my licence which I'm happy to do. My concern is will this be frowned upon in court (i.e admitting I have a problem and maybe shouldn't have been driving anyway) or will it go in my favour? On the whole I'm a good guy and want to do the right thing and surrender but at the same time I don't want to aggrevate the situation in court. Or will they see this as a good thing?

I can't afford a solicitor but am planning on getting character references - maybe one being my doctor?

I'm not sure what to do for the best? Any advice would be much appreciated.

Thanks
Simon

 

[SeanJoyceStephensons]

The type of penalty you receive is heavily influenced by the reading you produce.

Without knowing that it isn't possible to say what your penalty will be if you plead guilty. The only certainty is that if you are pleading guilty then you will face a minimum 12 month ban. It can go up to as much as 3 years. Alongside the ban will be either a fine, a community order or a prison sentence depending on the reading produced at the seriousness of the offence.

The basic evidence the police need to prosecute is as simple as:

1. Evidence of you driving (provided by your girlfriend)
2. Evidence that you were over the legal limit (provided by the reading produced at the police station)

The law allows a presumption that the reading you produced later on at the police station is the level that would have been in your system at the time of driving. If you have consumed alcohol after driving then it is for you as the defendant to prove that a) there was post driving alcohol consumption; and b) were it not for that post driving consumption you would have been under the legal limit at the time of driving.

There may be a potential defence worth exploring but you would need to consider instructing a solicitor and potentially an expert forensic toxicologist to assist with presenting this argument.

In the event that you are pleading guilty then accepting any unresolved issues and explaining how you have taken steps to resolve those issues can be very important and useful when presenting any mitigation. Character references can be extremely effective in assisting with mitigation. A letter form your doctor outlining the steps you are taking to resolve your issues would be of assistance.

 

[SimonM71]

Hi Sean

I appreciate your response.

I blew 64mg at the station, so banged to rights I guess. They discharged me from the station pending investigation which has resulted in a charge and taken a month which is due to toxicology?

So do you think me surrendering my licence ahead of my being is a good idea?

Do you offer free no obligation advice?

Thanks
Simon