Don’t understand

Convicted Driver Insurance

Angdolp

New Member
Was on way to friends house when two feet away I was involved in a crash a seven to truck hit me 😔
Mate came and got me took me to theirs and I was in shock so gave me a brandy or two
Police came and breathalized me and It was 37.5
Took me to station and there I blow 96 I did admit I had a champagne fire and half of wine in the morning now 5months later got letter saying got to go to court for blowing 96 but don’t understand
I wasn’t driving at 96
Can anyone tell me what I can do
 
Angdolp said:
Was on way to friends house when two feet away I was involved in a crash a seven to truck hit me 😔
Mate came and got me took me to theirs and I was in shock so gave me a brandy or two
Police came and breathalized me and It was 37.5
Took me to station and there I blow 96 I did admit I had a champagne fire and half of wine in the morning now 5months later got letter saying got to go to court for blowing 96 but don’t understand
I wasn’t driving at 96
Can anyone tell me what I can do
Click to expand...
Yes mate I can tell you what to do get off this site and leave it for people who need it.
 
The presumption in law is that what is in your system when you were tested IS what was in your system when you drove. That is why you have been charged with the reading on the police station breath test machine.
If you say you have been drinking since you drove, then you have to satisfy the court that you drank after driving and that it made the difference to you being over the limit, not just “well I had 2 brandies in the house so you can’t do me.”
in fact a reading of 96 indicates close on half a bottle of brandy, not ‘a brandy or two.’
you say the reading before you were arrested was 37.5..... I am not aware of any breath test machine that records a .5 in the result, maybe it was 75...? In any case the roadside machine is not necessarily reliable and is not the evidence you could be prosecuted on.
 
Angdolp

Police refer to this as the 'hip flask' defence. It won't wash with them and it doesn't wash with me either.

If I was you - I would just throw your hand in now - make your court appearance as painless as possible and stop insulting the intelligence of other forum members using this site.

CJ
 
Angdolp said:
Was on way to friends house when two feet away I was involved in a crash a seven to truck hit me 😔
Mate came and got me took me to theirs and I was in shock so gave me a brandy or two
Police came and breathalized me and It was 37.5
Took me to station and there I blow 96 I did admit I had a champagne fire and half of wine in the morning now 5months later got letter saying got to go to court for blowing 96 but don’t understand
I wasn’t driving at 96
Can anyone tell me what I can do
Click to expand...
Have they charged you with Drink Driving or In Charge? As mentioned, the emphasis is on you to prove that you drank after driving rather than before driving. This is quite hard to do, and the magistrates are not mugs, they are aware of when someone is trying it on. If you go not guilty and can't prove your innocence, you will end up with a much harsher penalty than if you go guilty at the earliest opportunity.
 
4 of the 14 at the DD awareness course I attended attempted the hip flask defence. It didn't work for any of them, by the time of the course they were all ready to admit that they were actually drink driving. Bar one who still maintained she went home and drank a bottle of wine...after crashing through a bus stop, a wall and abandoning her car in a field. She did what all normal people would do and got a taxi home and drank wine? Needless to say no one believed it, her reading was also much higher than one bottle of wine could possibly even take you. 2 brandys is not a reading of 96 either unless you were filling the glass.

Re-assess your story of what happened the night of your accident. You'll win no favour in the court trying to present the story you've just presented to the forum.
 
BigTom said:
Have they charged you with Drink Driving or In Charge? As mentioned, the emphasis is on you to prove that you drank after driving rather than before driving. This is quite hard to do, and the magistrates are not mugs, they are aware of when someone is trying it on. If you go not guilty and can't prove your innocence, you will end up with a much harsher penalty than if you go guilty at the earliest opportunity.
Click to expand...
 
grice96 said:
4 of the 14 at the DD awareness course I attended attempted the hip flask defence. It didn't work for any of them, by the time of the course they were all ready to admit that they were actually drink driving. Bar one who still maintained she went home and drank a bottle of wine...after crashing through a bus stop, a wall and abandoning her car in a field. She did what all normal people would do and got a taxi home and drank wine? Needless to say no one believed it, her reading was also much higher than one bottle of wine could possibly even take you. 2 brandys is not a reading of 96 either unless you were filling the glass.

Re-assess your story of what happened the night of your accident. You'll win no favour in the court trying to present the story you've just presented to the forum.
Click to expand...
Thank you is plead guilty what am I looking at
 
Angdolp

Admitting your mistakes is the first step to overcoming the impact of a drink driving conviction. Once you have accepted responsibility and taken the punishment at Court you will be able to move forward and in time you will get your life back on track. It will take time and patience but you will come out the other side hopefully a little wiser (I did anyway). Good luck.

CJ
 
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