Drink driving blew 44 on breath

Convicted Driver Insurance

Indi19991

Member
Hi
I drove home never drank anything once I had parked my vehicle outside my house in front of my drive way . Switch of the car I drank only one drink

I left the car with only intention of going home n sleeping. Police came didn’t pull me over to speak to me regarding my number plate , after talking for 4 minutes they asked if I had anything to drink I told them I had one drink 5 mins ago and was breathlosred road side straight away in front of my house .

I have no criminal record , nothing at all for 10 years and have 10 years no claims discount . I also have video footage of me parking up in front of my house .But u can’t see me drink in the car which I did with the sole intention of going home n to sleep .
Is this classified as drink driving ? What should I plea ? Because I know I wasn’t driving under the influence
 
Court case is next week Tuesday , I have written a personal statement of the events , my mitigating circumstances , and have 3 strong references already made signed , employer , family friend and another close friend . My vehicle windows are tinted so police couldn’t see me when I had one drink inside the car and exited straight after
 
Good Afternoon,

I'm afraid advice as to plea cannot really be achieved over a quick forum chat, but it sounds like you have options.

If you have been charged with drink driving, but did not drink until after you drove, you are likely to be able to defend the case using the defence of Post Driving Consumption.

If you have been charged with drunk in charge of a motor vehicle your defence would be based on when you next intended to drive.

I have to recommend that you speak to a solicitor for a more comprehensive answer, I would be happy to have one on my team go through your options if it helps?

Also here are a couple of links to pages on my website that I think will help.

 
Yes what are my options I don’t have a solicitor , my income is low enough to get legal aid I believe . Could you have someone talk me through this
 
The next I was intending to drive was 9am which was about 9 hours after I got breath tested . My mouth was laced in only alcohol when I did the breath test , on cctv I told the police I had one drink 5 mins ago which was 4 mins into the conversation and I was breathalysed within about 8 mins from exiting my vehicle even though I told the police I had just drank before I got out . With the sole intention of going sleep as it was in front of my house driveway . Which can be seen on the cctv
 
Quick question regarding the road side breath test ...
I told the police officer I had a drink 5 mins ago. Do the police have to wait a certain time before a road side breathe test ? Because I was breathalysed straight away ? Is there any rules or procedures that police filled before initiating the breath test
 
If I was breath tested in 14 minutes what does this mean if anything
Sorry I was breathalysed 8 mins after consuming alcohol . Once pulled over they spoke to me for 4 mins asked when I last drank I said I had one about 5 mins ago . But the end I was breathlosed 8 mins after consuming alcohol and handcuffed 12-14 mins after .
 
Sorry I was breathalysed 8 mins after consuming alcohol . Once pulled over they spoke to me for 4 mins asked when I last drank I said I had one about 5 mins ago . But the end I was breathlosed 8 mins after consuming alcohol and handcuffed 12-14 mins after .
I have this all on cctv Canada from the moment I exited the vehicle to the moment I was breathalysed . Road side breathe test in refard
 
in this case breathe test was done within 8-10 mins from consuming alcohol what does this mean ? Does it come down as a procedural error?
 
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