Had a drink after accident but before test.

[ussr2015]

My wife has been going through an extreme period of anxiety/depression and has literally not slept for a week. Today she attended the doctors for this and was prescribed some sleeping tablets. She was obviously exhausted and probably should not have been driving however at around 310pm she collided with a parked car on her way back from walking the dog . Another car stopped to see if she was OK. In her fragile state she was even more anxious and agitated and was concerned about the dog so just walked home (only about 1/4 mile away). She rarely drinks but had a couple of vodkas to calm her nerves, called me at work to come home and sort everything. Now I know she should have stayed with the car until the police turned up but her anxiety meant she could not face this. According to a friend who passed the scene the police were there before 4pm.
this is my problem; the police only turned up at our house at 531pm; I had got in just after 5pm, went round to the scene but the cars had already been recovered.
They said that they had witness statements alleging my wife appeared to have had a drink. She swears she hadn't and I believe her as this would be completely out of character. However why then wait until 2 1/2 hours after to appear at the house for a breath test? I know my wife and I know how agitated she would have been after the accident, she would probably have seemed like a mad-woman!
surely this is not right?

 

[Michael Lyon]

Dear Kevin

Thank you for your posting.

As you are aware, we immediately contacted you by telephone to discuss your wife's situation. This is a relatively common scenario and the line of defence is contained within s.15(3) of the Road Traffic Offenders Act 1988, namely post-incident drinking.

In pursuance of this line of defence, a toxicology report will have to be obtained to verify on a scientific basis that the breath-alcohol reading was attributable to the alcohol consumed after driving had ceased.

We are very well versed in these cases, as you now know, and our expertise in this area can really make the difference.