I would almost definitely get a solicitor, because if you have concrete proof of your intent not to drive then you may get away with this, depending on the charge.
And I say so because something similar actually happened to a couple of friends of my older brother (and is actually quite a funny story, not least because it stuck one right up the attending plod and CPS in court). It was a few years ago now, but the driver pled not guilty and had sufficient evidence to back it up; much to both the chagrin of the prosecution and the amusement of those in attendance. I even think he kept the transcript for posterity!
Anyway, the circumstances were that these two lads (who were, in fairness, rather big pissheads at the time) had been on holiday in NYC and Boston I think, and were flying back home not long before Christmas. On the return flight home, they got sat next to a Russian bloke on the plane who was drinking his own duty-free vodka. Naturally they got chatting to him and joined in, and by the time they got off the plane at LHR were completely legless.
They hadn’t used airport parking at Heathrow, and instead had parked their car outside of a mate’s flat somewhere in South West London. Obviously they intended to kip there before driving back up to the Midlands the next day, but were so drunk ended they ended up mistaking which flat their mate actually lived in; spending several hours knocking on the wrong door, obviously no avail.
With it being so cold and also quite late, they decided to go and kip in the car, with the ignition on to keep warm. But – quite crucially – not before they managed to scrawl onto a piece of paper what they were doing, and would catch up with their friend the next morning before travelling home. Which they then slipped through the letterbox (obviously the wrong one).
So they got to the car, turned ignition on, got comfy… and not long afterwards heard the door open and felt a firm hand on the shoulder. They were arrested and later charged with being drunk with intent to drive. Naturally they pleaded their innocence, but the plod were typically obtuse and simply didn’t want to know.
After being discharged, they immediately sought legal advice, and pled not guilty, obviously pending a further trial at a later date. Their solicitor meanwhile managed to get in touch with the neighbour, who not only could corroborate their account of having their door knocked (and were actually too frightened to answer!) but as luck would have it had kept the (barely legible, but legible nonetheless) handwritten note.
When it actually came to the trial, it was clear that the CPS and plod were banking on them arguing against insobriety. They had no knowledge at all of the evidence they had that proved that they had no intent to drive, which their solicitor was confident would clear them since the prosecution were going for DUI rather than DIC. Cue the funniest part of the story, which was when the judge asked the alleged ‘driver’ of the vehicle “would you say that you were drunk on the evening of ** December 19**?”
With the CPS expecting him to say ‘no’, his reply took everyone by complete surprise: “Your honour, I would say that I have never been quite so drunk in all my life.”
Apparently the prosecutions faces dropped in confusion/disappointment, as he and his solicitor later successfully argued with evidence that it could be proven they were not and had no intention of driving. Due to it being the wrong charge, the case was dismissed, and the driver got off.
I’m not entirely sure how closely this relates to your circumstances or whether a similar defence can be proven. But it’s a great story nonetheless, that he still tells proudly to this day.
Either way, I wish you good luck, and would urge you to consult legal counsel in light of the above!
