Arrested for drink driving

Convicted Driver Insurance

nishant92

New Member
I was stopped by the police at 3:50 am 11 th november roadside because i had my fog lights on when it was foggy. I explained to the officer that my headlight were to dim and switched them on. Upon speaking to me the officer suspected i had been drinking and i was told to step out the vehicle to conduct a roadside breathalizer. I blew 55 i think and was told i needed to go to the station for another official sample. When i blew at the station i blew 51. I explained to the officer the whole time while i was explained my rights and booked into custody that i suffer from a syndrome (known as asian glow/flux)where it normally takes longer for my body to break alcohol due to lack of certain enzymes and that could be the reason for those reading. Because i hadnt had anything to drink that night but had few to drink 24 hours prior as it was my birthday. Do i have any chance of not getting my license taken. I wasnt acting drunk or anything the whole time i was at the station. Do they take things like that into consideration. Obviously i understand i have made a mistake and i now first hand realise the possible consequences but i believe the mistake wasnt intentional.
 
Drink driving is a strict liability offence. This means that you do not have to have any intention to commit an offence in order for it to be a valid charge. The action of driving whilst over the prescribed limit is enough to satisfy the court of an offence. Any pre-existing condition that you are aware of is very unlikely to assist us here. The level of impairment is not relevant for the court when considering guilt as the offence measures the level of alcohol in the system as opposed to the effect it has. If you wish to consider defending the matter you would need to consider any technical defences that may exist. In the circumstances you should contact a specialist
 
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