Drink drive collision

[jaspermyron]

Hello, I thought I was okay to drive having consumed three beers from approximately 10pm until 11:30pm. Shorty afterwards, I clipped a parked car at 11:35pm. There was some damage to the stationary car, mine was written off as airbags deployed and the low value of vehicle. Police were called and I admitted I had drunk, and blew 57 at roadside at around 12pm. The police took me to the hospital as my airbags had deployed, and after some delay was breathalysed at the station approximately 4.5 hours later, with readings of 37 and 38, and released pending investigation. A back calculation has now taken place, and I have been told that I am to be charged at a reading of 79. This is my first offence, I have a clean driving licence. I have been told by a solicitor that I am entitled to my own expert calculation, however I am interested to know what would be the benefit (and cost) should I do so, and if I can or should contest the calculation of 79? Please note that there were witnesses to the incident who said I tried to leave the scene, however I did not, I just moved car off of road and onto pavement.

 

[Martin Hammond]

Good afternoon,

The benefit of your own calculation would be that it would be done properly, taking into account factors such as your height, weight, what you ate, age and so on. Usually the police calculations do not do this to the same extent. Given your readings I doubt it would show that you were under the limit at the time of driving, so you would have to look to other defences should you decide to run a trail. I would add that if you are going to plead guilty you should definitely hire a specialist solicitor as they prosecution will be making a good deal of the accident and alleged attempt to leave and a good lawyer would help greatly with attempting to achieve a lower sentence.

Best regards
Martin Hammond