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Will I get banned, please help


New member
Hi there
DOB 19/05/1983

  • No Points on Licence
  • Have a DR10 on licence due to expire 2019 – Aug
  • No other previous convictions or any involvement with the police.

Please can you advise me.
I walked inside a Chinese takeaway on the 27/04/2018 at 6pmish , after filling up petrol just 0.1 mile away from my house. My house is based 0.3 miles from the chinese takeaway I had just initially exited from home at 5.40pmish. The area covered was a short distance. So left home, filled petrol and drove to the Chinese Takeaway.
I parked my car, locked it, then drank strong mixing of alcohol before entering the Chinese takeaway and read the menu and ordered my food at the desk and paid.. A big group of police officers (7 or more) walked in after 5 -7mins, they had initially come to order food I believe. They asked me my name and asked if I was in possession of drugs, weapons and to take my hands out of my pocket, this because of the way I looked I believe, I said no but was searched and they said they smelt alcohol. They then initialised a breathalyser test and the reading was positive of 74mg n. I was then arrested and they took my details and taken to the station in the meat wagon. Furthermore, I was even not intending to drive at the time that when I was breathalysed at the takeaway and only went in to get food and call my sister to come join me for dinner and she would have drove back as she has a licence to drive the vehicle but the police intervened at the time. And a whole big group of them made me feel nervous and intimidated when they came in.

I was then breathalysed again at the station the reading was 84 mg. I was then told I would be charged and would need to go to court at a later date. If they claim they had followed me why didn’t they pull me over earlier and why did they only manage to come in the whole group of them, once I had managed to consume my drink, enter the chinese restaurant and even had ordered my food and paid.? They also ordered food whilst in the restaurant with me being questioned. I also heard one of them say along the lines something we saw this car before well if that was the case they should have pulled me over then? which is highly unlikely as just took the car out from my house at 5.40pmish. Also, in the meat wagon I saw them doing checks and heard one of them say to another’ This guy has no previous convictions’.

Whilst in custody in mentioned I have certain issues, and am on strong doses of medication such as escitalopram and pregrablin and been diagnosed with mental health problems whci is true for years.

Now regarding my medical history and medication intake and the incident that occurred what do you advise or is there other information above or that could help me in the prevention of a Ban/reduced sentence/reduced Fine, please advise

Thank you
There is a legal presumption that the amount of alcohol found in your breath at the time of any evidential test is what was in your system at the time of driving however this presumption can be disputed with the assistance of evidence put forward in your defence. You can advance evidence at court to indicate that the amount of alcohol in your breath at the time of the system would not have been the same at the time of driving due to the 'post incident alcohol consumption. This argument can be successful if the court feel it is credible. You will likely need to produce scientific expert evidence to argue to support the contention that, were t not for the alcohol you say you consumed after driving, you would not have been over the legal limit.

In the event that the court do not accept this argument you will face a minimum disqualification of 3 years given that you have a previous conviction within the last 10 years of the date of the allegation.
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