Arrested for drink driving

Convicted Driver Insurance

nishant92

New Member
Hi
I was arrested on the early morning of 11.11.2017 while i was driving back home. I had my foglights switched on so was pulled over by a police car to warn me about my foglights. When i opened my window to speak to the officer he told me i had my foglights on. I explained to the officer that my headlight was not bright enough and as the road was not busy i had them on. Officer told me he could smell alcohol and told me i need to perform a roadside breathalizer test. I was told i was over the legal limit and need to go to the station to do a final test. I blew 51 and was held in a cell for 2 hours till i was under the limit.
Obviously going by the reading produced by the machine i admit guilty but after doing some research i have found that if someone wears false tooth there is more chances of you blowing bigger reading than what is in your system as mouth alcohol is one of the factors which contribute to the reading on the machine.
I was arrested at 3.50 am on 11.11.2017. I did go out to celebrate my birthday on the night of 9.11.2017 and drank till 2ish in the morning. The next day i had one jack daniels coke 2 in the afternoon. I was out in town that evening and ended up deciding to go clubbing. I even moved my car from outside the club to a car park just in case i get tempted to drink and fixed myself a lift home as well.I didnt drink that night.
But while we were walking back to my friends car (lift home) i decided because i had not had a drink in the club and because i was feeling fine i will drive back home. While returning i got stopped..

I am just starting to get my life together after a suicide attempt in march. Thought of losing my driving licence is making me extremely worried. I have recently started working second job as a delivery driver to pay debt. I understand that if i had just gone home with my lift things would have turned out completely different and i am extremely sorry but is there anyway i could keep my license?
 
The presence of mouth alcohol would not present as a defence but as something called a 'special reason'. If it is established that:

  • the amount of alcohol consumed would have been insufficient to exceed the legal limit;
  • that on each occasion when breath was given mouth alcohol had been present; and
  • that had it not been for the presence of mouth alcohol the proportion of alcohol in your breath would not have exceeded the legal limit.

This approach involves instructing an expert to assist with establishing the above facts to be considered before the court. I would advise speaking to a specialist to discuss this in more detail.
 
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