ScaredWitless
New Member
Sorry - copied from 'Ask a Solicitor' section so people can respond.
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 (I've since realized this was likely because I had locked the car, and didnt realise due to being upset regarding the situation with my missus), 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 couldn't drive due to the drink and asked to come back in the house to sleep on the sofa. I also stated the car alarm keeps going off. 15 mins later, the police arrived.
I was breathalyzed at the station and blew 53ug in breath. I also have a previous drink-drive conviction from 2008.
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), you would only drive up this lane to get to one of the three houses, 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, with little chance of Joe Public being around at the time.
I've spoken to a few solicitors, and had various feedback. Most seem to think I'd have a defense based on the txt messages stating I knew I couldnt drive anywhere and indicating my desire to return to the house.
Thoughts?
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 (I've since realized this was likely because I had locked the car, and didnt realise due to being upset regarding the situation with my missus), 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 couldn't drive due to the drink and asked to come back in the house to sleep on the sofa. I also stated the car alarm keeps going off. 15 mins later, the police arrived.
I was breathalyzed at the station and blew 53ug in breath. I also have a previous drink-drive conviction from 2008.
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), you would only drive up this lane to get to one of the three houses, 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, with little chance of Joe Public being around at the time.
I've spoken to a few solicitors, and had various feedback. Most seem to think I'd have a defense based on the txt messages stating I knew I couldnt drive anywhere and indicating my desire to return to the house.
Thoughts?
