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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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My problem isn't straight forward. I've been charged with

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Hi my problem isn't straight forward. I've been charged with drink driving. However, I had been physically punched several times on the face and knocked to the ground by a young woman - about*****from my house. I returned home dazzed, bleading and badly shaken-up. as soon as I got in I poured myself a large brandy and drank it straight. after going to the bathroom I washed my face and so on. I then went to drink more of the brandy and had several cigerettes -I phoned the police to make a complaint. They arrived a little later and arrested me. Which stunned me. The woman had said I had caused damaged to her partners vehicle and attacked her! No charges have been brought against me for criminal damage - I had not done anything to the vehicle - and there was no forensic evidence. I did not attack this woman either. I have photo's of the cuts and bruze's and also went to my doctor's. The problem is the police are charging me with drink-driving! Can you help, give me advice? I'm in a terrible state.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

How can I prove I had not been drinking and driving and that I had drank the brandy when I got in - believe me I needed it. They could see I had been attacked, I had phoned them to make a complaint. How long is a driving ban? can plead not guilty? I took a breatherizer at the police station - it was 71 and 75 not that I understand any of this. I had not eaten that day, few cups of coffee, water and milk.

Expert:  Jo C. replied 2 years ago.
What evidence do they have that you were driving?
Customer: replied 2 years ago.

I said I had driven down there and stopped the car and got out - within no time at all the woman attacked me. she also saw me drive - infact she tried to prevent me from getting back into my vehicle. The woman was my ex-parner's new girlfriend. However, I did not know her and had never seen her before.

Expert:  Jo C. replied 2 years ago.
If they do a BAC calculation, is it going to reveal the alcohol was consumed afterwards?
Bearing in mind this is a reading of over 70 which is a lot of alcohol to consume in a very short space of time. The hip flask defence is very commonly raised and very easily disproven.
You are anonymous on here so it is safe to be clear with me.
Customer: replied 2 years ago.

I had drank the whole bottle of brandy by the time the officer's arrived. and it would have been another hour may an hour and half later when I took the breath test at the station. I don't know how BAC calculations work - I had had a glass of wine earlier before driving - whether that would have put me over the limit I don't know. I would have only been out of the house under 10mins - as I said, this incident occurred about 30secons drive away. If I plead guilty what am I looking at?

Expert:  Jo C. replied 2 years ago.
A BAC calculation would be able to tell whether you had consumed this before or after driving if they have a roughly accurate time estimate of the drive.
If you had some alcohol before driving then probably the test is going to suggest that you were over the limit.
You can put them to proof. That is your right. If you lose then the sentence will be worse and you will be hit with costs.
If you plead, this isn't the highest reading really. Drink driving is aggravated by the fact of an accident but I'm not sure they can really rely on that here. You would only be facing a fine and a ban of between 17 - 22 months.
You can reduce the ban period by one quarter if they offer the drink driving course and you complete it in time.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I live alone and have no family or friends who live close by - I'm 53yrs old and like most people rely solely on being able to get about via my licence. I doubt very much that I could even attend a drink driving course. If you were me what would you do? would I do best getting a drink driving Barrister? Thanks.

Expert:  Jo C. replied 2 years ago.
I wouldn't go to the specialist firms. They don't really change much and they do charge a lot more.
Representation generally does help but it does rack up cost.
If the BAC calculation is going to exculpate you then I would plead not guilty. If it might not then plead guilty.
Customer: replied 2 years ago.

So basically I can have the BAC calculation done and then decide based on that result what plea I should give? what I'm trying to ask is - the BAC calculation wouldn't make a guilty plea incur a harsher penalty, or would it? this is my last question. Many thanks.

Expert:  Jo C. replied 2 years ago.
No.
You have to plead first. Then you have to tell them your defence. Then they will do the BAC calculation.
Therefore, yes the BAC calculation would make the penalty harsher because you will have lost credit for a guilty plea and it will rack up costs horrendously.
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