Section 4(2) Unfit to drive through drink

Convicted Driver Insurance

ScaredWitless

New Member
Following a regrettable loud one-off argument with my other half in which we had both earlier drank, the police were called by a neighbour. By the time they had arrived, I had gone out to my car (a 2020 Audi Q3) to give my other half space, with the intention of sleeping in the back. The car was parked outside the house, not on the driveway. I got in the front of the car (just instinct as a driver) and attempted to text my mother for advice regarding the argument, but the car alarm kept going off due to the internal motion sensors (see attached), so I put my key in the ignition to stop this happening (I have a notification on the Audi iphone app, showing the last time the internal sensor went off with time/date). I text my other half explaining that I couldnt drive due to the drink and asked to come back in the house to sleep on the sofa. 15 mins later, the police arrived.

Also worth mentioning, we live just off a farm, surrounded by fields. There are 3 houses here - the house attached to ours and the one at the end of the road, effectively ending the road. The road/gravel track we live on is not council maintained (no street lighting, no maintenance of ground such as pavement, etc, owners of the houses all club together to pay for fresh gravel to be laid every so often), and I believe this is technically private land. However, a public right of way footpath crosses over/through the track. I was not parked on this track. This all happened late evening, around 11.30pm. As explained, we are surrounded by fields with no street lighting, no lighting on/around the track hence, no-one would be travelling along this path at that time, as you would struggle even with a torch.

I was hoping to mount a defense based on the fact that I can prove I had no intention of driving (and wanted to come back in the house) based on txt messages, the fact I was still sat in the car outside the house by the time the police arrived, the Audi app proving the internal sensor went off, corroborating my explanation. Also, the fact that the road/track we live on is technically not public land.

Also, either way, could you please advise what I might be looking at regarding sentence. I'm currently terrified as I do a job that requires security clearance and I hold additional accreditations including NPPV3, and occasionally go onsite all over the country. My other half will be going back to work in Jan (following her maternity leave), working in the office. We also live in a rural area, so getting anywhere without a car (including taking/picking kids up from school/nursery) would be extremely difficult.
 
Forgot to mention, I was breathalysed at the station and blew 54ug in breath. I also have a previous drink-drive conviction from 2008.
 
Having spoken with a solicitor (who are questionable according to some Google reviews), can someone please tell me, would the txt messages indicating my desire to come back into the house, be a defense against this charge (in that I had no desire to drive anywhere)?
 
Good afternoon,

Sorry for the delay but I have been on annual leave.

To give advice of sentence you would need to confirm what you are charged with, as I am assuming it is drink driving and not drunk in charge?

As to the events, it certainly seems like you have a number of solid potential defences. The texts and the fact you did not start the vehicle would certainly make a massive difference. I am not sure who the questionable solicitors you have spoken to are, but we would certainly be happy to offer you a free telephone consultation to give you some advice?

Kind regards
Martin Hammond
 
Hi Martin, thanks for getting back to me.

I have decided I'm going to defend. Could you tell me, I understand when I go to court for the first hearing that my bail condition (not able to get into the front set of a car) will be lifted.

Would the court likely impose a new driving restriction until my trial, and/or would I have to request that no further restrictions are imposed? I ask as I need to be able to drive for work and getting children to/from school. We like in a remote location (with little in the way of public transport) so if my trial is months away, I may have to consider moving house.
 
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