Charged with drink driving

[snipe]

Hi, I have recently been charged with drink driving, I live on a street where people park there car on a quiet road. At 2215 hrs I moved my car to a new space in front of my garden. Unfortunately whilst doing so I bumped into a car parked in front of me, I checked for damage there was none, as I was pretty sure I knew the owner of the car my intentions were to inform her in the morning. I then went back indoors and poured my self a large spirit of good quality rum, followed by another. At 2315 the police arrived telling me I had been seen driving erratically, I was then arrested for being over the limit. By the time I was tested at the police station I blew 88 this was another hour after the arrest. My argument is idid not drive under the influence of alcohol. My worry is should I just accept the consequences or get I solicitor which I can't afford, I have never been in this situation before and lost as what todo.

 

[SeanJoyceStephensons]

Where you wish to advance an argument that your did not consume alcohol until AFTER the incident of driving the burden is on you to prove that is what happened. The position in law is that the level of alcohol in your breath at the time of being breathalysed on an evidential machine at the police station is taken to be the level in your breath at the time of driving unless you can prove otherwise.

In your case, I would recommend instructing a forensic toxicologist to consider to prepare a calculation based on specific details of your post incident consumption and calculating back from that point to work out what your likely level of alcohol would have been at the time of driving. If this comes back as zero then this adds a lot of credibility to your argument.

In the event that you are convicted or plead guilty initially you will face a ban of between 17 and 22 months together with EITHER a fine OR a community order.

I would recommend speaking with a specialist directly on 0333 200 9858