Post driving consumption and now facing possible ban

[cg_2010]

Hi there

An argument with my girlfriend caused me to leave her house. I went to a family members parked my car there and had some drink. 30-40 minutes later I called my girlfriend and the police were questioning her as a neighbour had rung them. They came to me, breathalysed me and my result was 47. I had my keys on me but was not in the car. Within those 40 minutes I'd consumed an amount of alchohol that was vodka and coke mixed in a bottle so have no idea of the measurements. My court date is 4th October and my solicitor wants me to complete a scientific countback report at the cost of £250 as I am not entitled to legal aid. I feel worried and nervous now that my license is hanging by a thread and if the report doesn't come back accurate he said he'll advise me to plead guilty. I feel completely hard done by and cannot believe I am at the brink of loosing my license when I wasn't actually driving my car. The police have a witness saying I left my girlfriends and I openly admit driving but explained to them I'd consumed after I got to my relatives. Because the drink was premixed I don't have a clue what to do now, and am considering pleading guilty and just saving the £250. I really am clueless what to do.

I really hope someone can get back to me with some advice.

Thanks very much in advance

 

[SeanJoyceStephensons]

The importance of the report your solicitor is obtaining depends on what your instructions are. For example, if you drank some alcohol before you drove and then some more after you drove then the report is vital to prove that the amount of pre-driving alcohol would not have taken you over the legal limit. From the point of view of your credibility, it is important that the calculation is consistent with what you said you had to drink and when.

On the other hand, if you had nothing to drink before you drove and all of the alcohol you drank was consumed after you drove, then the report is less vital because in those circumstances you don't have to be a forensic scientist to know that your alcohol reading would be zero at the time you drove. In that case the only purpose of the report would be to prove that the amount of units you drank after you drove is consistent with the reading you gave when breathalysed. Whilst this would be helpful to your credibility if the report was consistent, it is not, in my opinion, vital to your defence.

The £250 you have been quoted for the report is not excessive.

We have lawyers that specialise in drink driving law. We represent people all over the country and provide a 24 hour telephone helpline service. If you would like more specific advice about your case then call us on 08450020736