Emergency Drink Driving

[Deleted member 12006]

On Friday night I went out for dinner with boyfriend and had a couple of drinks (he drove) then we returned home, after a couple of hours I received a phone call from my cousin (who is only 18 years old) to which he said he didn’t feel good at all and thought he may of been spiked, I asked if there was any way he would be able to get to the hospital and he said no, would I be able to go and get him because he didn’t want to worry his mum etc.... I thought I may have been okay as I only had two drinks and stopped drinking two hours prior, anyway I decided I was going to go and get him and bring him to my house and make sure he was okay, I was speeding a little as I was worried for his well-being, anyway of course - I was stopped by the police and breathalysed! Took to the station (which was really scary) My reading came at 45 which the officer said although low, is an offence so arrested me and said I was to stay in a cell for an hour till a unit came out my system. I now have to go to court 23/09 and I’m wondering where I stand with this? I would never put anyone’s life at risk, especially wouldn’t of ever thought I would of been over the limit, my priority was my cousin and making sure he was okay and safe!
Does anyone know where I may stand? Any help/advice would be much appreciated.

 

[Honestman]

Hi Melissa there is no way around drink driving the only good thing is you had a low breath reading, no need for a solicitor here in this case it will be a straight forward ban and hope you learn from your mistakes, next time there's always an ambulance or taxi, instead of your licence, however here's some guidance for you, when at court do ask for the drink drive rehabilition course that can reduce your ban by 25% as once you leave the court room it cannot be asked for at a later date:
Drink Driving Penalty
Details of offence as provided by you:

• Specimen Type: breath
• Alcohol Level: between 36 and 59
• No previous drink driving related convictions within the proceeding 10 years
• You have not been disqualified two or more times for 56 days or more within the proceeding 3 years

Based on the information you provided above, upon conviction of driving with excess alcohol, Magistrates' sentencing guidelines suggest:

• A driving disqualification of 12 - 16 months; and
• A Band B Fine OR Band C Fine

Drink Driving Rehabilitation Course
All courts usually offer first time offenders the opportunity to take the drink driving rehabilitation course. A court may allow an offender to take the course a second time where there is a good reason to do so. Offenders will not usually be offered a chance to take the course for a third time. Completing the course can reduce any disqualification period imposed by up to 25%.
Enter New Information

 

[price1367]

Elissa,

The circumstances you have described would not amount to an emergency. “He didn’t want to bother his mum” that was his choice. He, or you, could have called an ambulance or a taxi, as Honestman has said.

You can tell the court that you felt that you were on an ‘errand of mercy’ as a form of mitigation but don't tell the court that “i would never put anyone’s life at risk” because you were speeding and over the limit so you were doing just that! The Magistrates will take a dim view of you saying that to them

 

[January]

Agree with Price, you need to show remorse that includes you could have killed someone
I wrote a letter the the bench indicating this & how bad it had left me feeling - it had as I had to wait over 5 months for court. You need to plead guilty, & either represent yourself or use a local solicitor- also get some character references to indicate this was out of character & no one thinks you have a drink issue.
But errand of mercy - emergency situation that you reacted to without thinking re etc alcohol etc & how you wouldn’t do it again but it won’t make any difference to outcome

It’s a 12 month ban but with the course you can get it reduced to about 9
Just a point consider telling your employer as often it’s in your contract that you have to tell them you have a criminal conviction- also it could get in your local paper
Good luck

 

[C J 1980]

Sadly drink driving is purely black & white - there is simply no defence to it.

If you plead 'Not Guilty' the court will ajourn for a trial to take place at a later date - likely to be early 2021 given the delays caused by Covid19.

I would say you are on a hiding to nothing if you go down this route - you will simply be found guilty at a trial and be given a harsher sentence (a big fine, community service & a longer ban).

There have been landmark cases over the years where drivers have been proven to have not known they were over the limit or like yourself have been put in a precarious situation.

However, courts will always ban the driver regardless. The magistrates may however be very lenient in your case (if you plead guilty at first appearance). They may waver a fine because of the extreme circumstances (and your cooperation) but you will be looking at a surcharge & court costs.

Just get it over & done with. If you play your cards right, you could be back on the road by the end of June 2021. If you contest it, you'll likely be banned until at least 2022.

I know which I would go for.

CJ

 

[price1367]

You will have to plead guilty, because you are!
What you can advance are ‘special reasons to not disqualify,‘

The list below sets out what you have to achieve, but from what you have said, you will fail.
On the ‘intention to drive the vehicle further’... how far were you going to drive to collect him, and how far from there was it to hospital. If it was more than quite a short distance (a mile or two) then you were going to continue the rest to the public for some time. That part is intended for the risk being almost over when you were stopped. You will fail with special reasons.

On the ‘reason for driving the vehicle’, you would be cross examined (you would have to give evidence on oath, you cannot use a ‘right to silence’ because special reasons are yours to prove....) about what other steps you took to avoid driving. I think the answer is none because you thought you were OK. This would include calling an ambulance, phoning his mum or anyone else to see if they could do the transport (The fact that ‘HE didn’t want to bother his mum’ is not a reason for you to try that route before you drove) or calling a taxi. When you have to admit you did none of those things ‘because I felt I was OK to drive.’ Then you will fail with Special Reasons.

On the ‘possibility of danger to other road users” - you were speeding as well as over the limit’ You will fail with Special Reasons.

You can pay a solicitor to try this defence (don't use a generic one, you need one with drink drive experience and they will be £3000 plus) They will say that “You have a case”.
Whist that is true - everyone has a ‘case.’ - it is a case that will fail. They will always be willing to take a gamble with your money. If they are honest, the answer should be ‘you have a case, but there is a 95% chance that it will fail.’


What are special reasons?
Special reasons must relate to the commission of the drink driving offence in question and in order to constitute a special reason the Court of Appeal has established that any matter put forward as a special reason not to endorse or disqualify must:

• be a mitigating or extenuating circumstance;
• not amount in law to a defence to the drink driving charge;
• be directly connected to the commission of the drink driving offence;
• be one which a court of law ought to properly take into consideration when considering what sentence to impose.

What must the court consider?
When special reasons are put forward in drink driving cases the sentencing court must consider the following factors:

• the reason for driving the motor vehicle;
• the distance the motor vehicle was driven;
• the manner in which the motor vehicle was driven;
• the condition of the motor vehicle which was driven;
• whether or not it was the drivers intention to drive the motor vehicle further;
• the road and traffic conditions at the time the offence took place; and
• the possibility of danger to other road users at the time (most important factor)

Possible Special Reasons

• Very short distance driven (moving car a few yards to safety)
• Driving due to an emergency (medical or otherwise)
• A drivers drink being laced or spiked without their knowledge