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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I drove my car and crashed last week resulting in me being

Customer Question

I drove my car and crashed last week resulting in me being placed into hospital for 4 days. I was over the limit and gave a blood sample. At the time I was under a lot of emotional stress and have been off work for depression for several months. I have also been under the adult mental health services. I am a deputy head teacher and I know I will lose my job if I am charged as it will be in the newspaper and on my crb check. If that happens I will have no choice but to end my life. I only drove 1 mile. Do I have any defence? Not that there is an excuse.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What was your reading please?

JACUSTOMER-86b6ueiy- : I don't know that. The breath test went red and the blood has gone for testing
Alex Watts :

Ok

Alex Watts :

Distance is not a defence, but you can use it as a special reason

Alex Watts :

You can avoid being disqualified for drink driving if the distance that you drove was very short. You will also need to show that it was not likely that you would come into contact with other road users.There are a total of 7 things that the court will look at -

Alex Watts :

a) How far the vehicle was driven;

Alex Watts :

b) In what manner was it driven;

Alex Watts :

c) The state of the vehicle;

Alex Watts :

d) Whether the driver intended to go further;

Alex Watts :

e) The road and traffic conditions at the time;

Alex Watts :

f) Whether there was a possibility of danger by coming into contact with other road users or pedestrians;

Alex Watts :

g) What the reason was for the car being driven

Alex Watts :

It is not enough to say that you had only driven a short distance if the reason for that is because the police stopped you. The court will look at how long the journey would have been if you had not been stopped.

Alex Watts :

So potentially this can be used not to disqualify you

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-86b6ueiy- : The car was a write off as I hit a post and flipped. The road was quiet and it was late. I nipped to the local shop less than 1 mile away on a country road.
Alex Watts :

I see, if you had an accident then that is likely to fail as a reason

Alex Watts :

If it flipped that shows speed.

Alex Watts :

I am sorry, but I have a duty to be honest

Alex Watts :

Can I clarify anything else?

JACUSTOMER-86b6ueiy- : No. Thank you.
Alex Watts :

If I could invite you to rate my answer before you go today

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply.

Alex Watts :

Good luck with this.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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