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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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I was stopped back in November 2013 blew 75 on the road side

Customer Question

I was stopped back in November 2013 blew 75 on the road side & then 44 back at the station.went for the blood option, which came back as 86 on 22nd December . At court in January was advised by the duty solicitor to go with special reasons not to be banned. As I'd only had a large baileys but didn't realise that these come in 50cc shots per single.Pubs varey on this every where. Case has been adjourned twice since. Now back in today with a new solicitor TODAY for sentencing. Who as advised me not to bother pursuing this & to take the ban. I work for DHL as driver & am also a driving assessor! I will lose my job ! Who's right & what should I do ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are you asking if you are likely to succeed at special reasons?
Customer: replied 3 years ago.

Yes. When I first spoke to duty solicitor it seemed to make sense what she said about consuming more alcohol unknowingly as we both thought signal measures were 25cc. Also having the case adjourned twice by the court , I thought that they seemed to agree that I may have point. As I've said this measure varies from pub to pub. Which I've only found out since


 


 

Expert:  Jo C. replied 3 years ago.
Sorry if I'm missing the point but how can a measure vary? Alcohol measures are set by law and managed to a nicety. There is no variation of pub sale shots.
Customer: replied 3 years ago.

The fact that some establishments sell baileys as 50cc shots & some sell it as 25cc shots. Not being a regular drinker of this product I never new this could vairy. This can vairy from pub to pub within the same group.

Expert:  Jo C. replied 3 years ago.
Yes, they do but they are described as double or single shots.

Is the essence of your argument that you are asking the court to accept that you didn't know the difference?

Customer: replied 3 years ago.

That is my question. The fact that I was unaware of this until my situation arose. Is there any case for special circumstances. Like the duty solicitor said. Or is my current solicitor right when he tells me I haven't ?

Expert:  Jo C. replied 3 years ago.
Well, both forms of advice are factually correct.

Ultimately you can raise special reasons. It is a factual test. It can be raised on this basis. That was probably the advice of the duty solicitor.

Whether it would succeed or not is another matter. Obviously I have not had vision of this case but, from what you say, the special reasons application is one that is very difficult to bring. Special reasons is a high test and you have the burden of proof. You have to satisfy the court that special reasons apply not to ban you. That basically means satisfying the court that this is not your fault and you are only technically guilty of a strict liability offence. It would be irresponsible of me not to point out that if your reading was 75 in breach then that is over twice over the legal limit and a court might not accept lightly that you would not have felt the effects of the additional alcohol.

The other problem is that with a reading of 75, even if the Court found that special reasons did apply they might still ban you.

That said, if you need to stay on the road to avoid disaster in your life then the only way forward is to argue special reasons. There may be only a small chance of success but it is your only option.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

75 road side within 10 minutes at the station on the evidential it was 46 then 45 . thanks

Expert:  Jo C. replied 3 years ago.
If its a reading of 46 and 45 then it might be worth a run.

It is your only hope and its a factual test so perfectly ethical.