Thanks for the information. The problem for you was that whilst the toxicology report was accepted, it is only of any use if the magistrates accept that the version of events that you told the toxicologist was true. Your expensive barrister should have warned you that such a defence was risky….. did he? Or just fill you with confidence that your money was well spent and he has a 100% success rate?
The toxicology report only says “The client says that she drank AA amount of alcohol at WW.WW time after she drove the car. This amount of alcohol at that time would have been likely to put her at a reading of 90 when she was breath tested at WW.WW + 1 time.”
The magistrates did not accept that your version of events was true, and based on your description of what you say happened I can understand why:
“very nervous, I was arrested after clipping a car on the way home from my ex husband’s home my son in the car I had had quite a large glass of red wine, I clipped A car as I turned into my shared driveway. I drank quite quickly 2 glasses of red wine and the person I clipped turned up at my doorstep quite aggressively 45 mins late we’ll be wasn’t the driver, I called the police as I felt threatened and drank - a large vodka whilst I waited. I was arrested and blew 90. Mycourt date is 10th February my ex husband is happy to provide a defence he would never allow me to drive with our son in tow. Advice would be gratefully received x”
I did point out that your version lacked credibility, for the drinking ‘at home’ and saying that your ex husband would never let you drive after drinking….. when you said that you had a “quite a large glass of wine” before you drove from his house.