Consumed alcohol after incident

[siera]

Hi all, sorry if this question in the wrong place but Ive just joined so bare with me please. I had a bump in the car the other day (nobody hurt) but had 2 pints earlier, I stayed at the scene and passed all my details to other driver and pushed my car onto a pub carpark as it was not drivable. I thought that was that and after moving my car off the road went into the pub and downed 2 more pints, as I now believed Id be walking home. The police then arrived,asked me to have no more drink as I was required to give a breath sample, which I did and obviousley failed. Lowest reading 62. I was never interviewed but yet I been charged. The police know I consumed alcohol after the event as they asked me to put my pint down. does anybody have any advice as I am confused about the whole thing?

 

[Forum Moderator]

Re: Urgent Answer Needed Please!

Hi all, sorry if this question in the wrong place but Ive just joined so bare with me please. I had a bump in the car the other day (nobody hurt) but had 2 pints earlier, I stayed at the scene and passed all my details to other driver and pushed my car onto a pub carpark as it was not drivable. I thought that was that and after moving my car off the road went into the pub and downed 2 more pints, as I now believed Id be walking home. The police then arrived,asked me to have no more drink as I was required to give a breath sample, which I did and obviousley failed. Lowest reading 62. I was never interviewed but yet I been charged. The police know I consumed alcohol after the event as they asked me to put my pint down. does anybody have any advice as I am confused about the whole thing?

My advice to you would be to consult with a motoring solicitor as soon as possible. If you can prove that you drank alcohol after the incident and that the alcohol you consumed between the time of the alleged offence and the provision of the breath specimen was what put you over the legal prescribed limit then you would be found not guilty of drink driving.

Only a solicitor who has examined all evidence against you can advise you on your chance of success.

 

[siera]

Thankyou for your reply. I have no idea how to work out my levels before and after but I can most certainly provide proof of alcohol being consumed between driving and the test. I was served the drinks by the staff. The police even asked me to leave my drink to go and do the test. All I can say is that I had 4 pints in total and blew 62 but 2 of the drinks was before driving.

 

[Forum Moderator]

Thankyou for your reply. I have no idea how to work out my levels before and after but I can most certainly provide proof of alcohol being consumed between driving and the test. I was served the drinks by the staff. The police even asked me to leave my drink to go and do the test. All I can say is that I had 4 pints in total and blew 62 but 2 of the drinks was before driving.

You would need to instruct a forensic scientist to carry out a BAC (blood alcohol content) calculation in order to work out what your alcohol level would have been had you not consumed the extra alcohol after the incident. They would then be able to testify in a court of law.

A good solicitor can help you with this and point you in the right direction.

 

[siera]

Just to let you know my BAC has been done now and it supports a calculation of 42 in breath at the time of driving. I have been advised to change my plea to guilty now because of this. I have to appear on Monday and will let you know how much money they want aswell as my licence.

 

[siera]

Well all done now. Banned 3 years with a £670 fine. They seemed more interested in how the fine would be paid than anything else. They also refused to let me do the 25% reduction course even though Ive never done this course in the past. I would just like to ask if I will get my licence back after applying in 3 years time or do I have to do a medical first? There was no mention of this in court. Any advice would be helpfull, thanks.

 

[BT_Boy]

3 years?!?!

Was this is a second offence or a first offence?

Seems extremely harsh if this was a first offence. If so, I strongly suggest appealing this decision.

 

[siera]

I expected the 3 year as I was convicted 9 years ago for a DR10, so the ban is correct. Its the huge fine and no chance of the coarse that has shocked me. I do not work as I care for my 2 year old full time so only have limited income. I know the BAC gave me 42 and the limit is the limit so I agree with the ban, but £670??? Anyway thats by the by now, I was wondering if I should have to do a medical in 3 years time? It was never mentioned in court.

 

[Forum Moderator]

I expected the 3 year as I was convicted 9 years ago for a DR10, so the ban is correct. Its the huge fine and no chance of the coarse that has shocked me. I do not work as I care for my 2 year old full time so only have limited income. I know the BAC gave me 42 and the limit is the limit so I agree with the ban, but £670??? Anyway thats by the by now, I was wondering if I should have to do a medical in 3 years time? It was never mentioned in court.

Yes you are classed as a high risk offender as it is your second offence within the space of 10 years. This means you will need to take a DVLA medical and prove your fitness to drive before a driving licence will be issued to you.