Please advise - Was NOT driving

Convicted Driver Insurance

silly_billy

New Member
Hello everyone,

can someone advice me on my chances of not being found guilty in court. A few weeks ago on a nice summer evening, me and a friend picked some beers up and drove to the local park and parked up, and walked to the lake to enjoy the sun and the beers.

Towards the end of the evening it started getting a bit chilly so me and my friend decided to go and sit in the car so he can finish his last beer off (I had already finished mine). I was sitting in the drivers seat of my car, and friend was sitting in passenger seat. My intention was not to drive home that evening as I had had a few beers. I live less than a mile from the park so was going to leave the car in the secured car park and walk home or possibly ask wife to pick me up.

The police do regular routine neighbourhood checks in the park, so they drove up to my car, and walked up to me and said "your eyes are glazed" and breathlized me. I failed and got the red light. They took me to the station and I got 46 and 47 on the breath test. I then had a blood sample taken 15 minutes later, which I will find out the results in a few weeks.

My question is, I was not driving the car, engine was not on. I did not intend to drive home that evening, do I have a chance in court, if my blood comes over 80?

Your advice would be most appreciated.

Thanks
 
It is possible to defend a case such as yours if you are able to persuade the Court that there was no likelihood of you driving whilst your level was over the limit.

If you are convicted, or plead guilty, whilst it is possible to sentence someone to 10 points for drunk in charge we are finding that a lot of Court's are sentencing people in your position as if they were charged with drink driving. If this approach was adopted in your case the anticipated ban would be 12 months if your blood reading is between 81 and 137.
 
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