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Frantic Mum's horrendous mistake


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Dear Sir/Madam,

After drinking 4 small guinness and 2 bottles of beer during the previous evening, unfortunately I wasn't aware that the legal effects could still be with me when I picked up my autistic son from work at 07.00 the following morning.

I hit a huge pothole (one of many in our village) damaging the 2 front tyres but managed to drive the car the short distance to home even though I was extremely traumatized.

However, around 15 minutes later the Police called and requested a breath test which I readily gave and was shocked to hear that not only was this positive but an incredible 83 - apparently extremely over the limit?!? When I later expressed my astonishment a lady Police Sergeant suggested that, "It may have been my medication mixed with the alcohol" ......which produced such a wholly unexpected, shocking result. Incidentally, on one of the subsequent tests the machine appeared to malfunction.

I was eventually released at (18.42??) having been arrested around some 11 hours earlier and taken away from my 2 autistic children without the slightest regard for their welfare (or lack of!) plus my medication situation. The fact that I'm claustrophobic didn't stop them throwing me into a horrible cell leaving me to kick the living daylights out of the offending door to get them to pay even some tiny amount of attention to my traumatic state!! Beforehand, I'd apparently declined the offer of a solicitor - presumably because all I was concerned about was getting home to my (forcibly abandoned!) children!!

If you believe you may be able to help me, I would be extremely grateful,

Most Sincerely,

Lorraine Wright
Firstly, a reading of 83µg of alcohol per 100ml of breath places you in the second of four sentencing brackets. Upon conviction, a reading at that level would lead the court to impose a ban of between 17 and 22 months together with either a fine or a community order. The reading appears high considering what you had to drink and given that it was the previous evening that you drank alcohol. The fact that your medication may have slowed down the absorption of alcohol into your system would not amount to a defence in your case. Even if you had no idea you would be over the limit, the nature of this offence means that there only needs to be proof of you being in excess of the prescribed limit, whilst driving a motor vehicle in a public place. The fact that you did not think you would be over the limit does not help.

Given what you had to drink and the apparent malfunction of the machine, you can explore the possibility that the reading produced is not a reliable one. You would need to do so with the assistance of an forensic toxicologist expert and would need to discuss this option with a solicitor before attending court. This sort of defence is difficult and specialist and the right representation is key. You should also note that, if this is not successful after trial, it will have an impact on the penalty imposed given that you will lose any credit you would have otherwise been afforded for entering a guilty plea. You can contact a specialist to discuss further on 0333 009 3827
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