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Charged with dd after arriving home


New member
Hi , yesterday my wife drove to the shop 2 streets away , and when going to returning home the exhaust came lose
and she walked home .
later after watching the football , I walk round to check out the damage . I lie under the car and tuck the exhaust up
and drive the car 2 streets home , the car drives very badly but I get it home .
when I get home I start drinking then 15 to 20 mins later the police appear at the door , take breath test and arrest me

As it transpires someone had seen me and reported me , saying they seen me "falling out the car " , I can only imagine that they assumed this as I was lying on the Road tucking the exhaust up , and driving erratically . Presumable as I had to keep the revs so high to pull off.

where do I stand on this and what is the likelihood of being convicted .

the exhaust has not yet been fixed and I have taken pictures of it .

any advise would be gladly received


Michael Lyon

Road Traffic Solicitor (Scotland)

Thank you for your post.

Your defence is what is colloquially known as "post incident drinking" as contained within the Road Traffic Offenders Act 1988, s.15(3). This will require a plea of not guilty to be entered, followed by the defence position being properly investigated and substantiated. In addition to your evidence at trial, there will need to be a toxicologist's report to prove that the alcohol consumed after the driving had ceased led to the breath alcohol reading provided.

It is imperative that your defence is presented in the strongest terms, and to that end you would be advised to seek the assistance of a specialist solicitor.

If your position is accepted by the Court, you will be found not guilty.


Michael Lyon