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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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To whom it may concern, I have been charged with Drink Driving

Resolved Question:

To whom it may concern,
I have been charged with Drink Driving 5(1)(a) of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988.
I was at the side of the road (in the Medway tunnel) Changing a tyre when the police arrived. After being breathalysed I was taken to the station and charged in the morning with Drink driving. The police did not see me driving the car and there was no interview conducted at the police station to get on record that I was driving the car. Do I have a case for being Drunk in charge instead of Drink Driving? My court appearance date in 11th Jan at the Brook in Chatham so if there is a case am happy to try and work something out this week.
Please respond as soon as possible,
I look forward to hearing from you,
Best Regards,
Thomas Bishop
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Had you been driving please? What was your reading?
Customer: replied 1 year ago.
I had been driving the vehicle - 83mg in 100ml of breath
Expert:  Ash replied 1 year ago.
The fact you are at the side of the road changing a tyre in tunnel seems to show you had driven there and you would drive after. As such you can try and get it changed but I dont think it qualifies for drunk in charge. That is for where you have not driven, nor attempted to drive.
You would have some difficult explaining to do as to how you got into the tunnel and how you intended to leave it, if you didnt drive.
However you are likely to be disqualified for between 17-22 months and get a fine.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hi Alex,Thanks for your answer - This is my first offence of any kind. Whilst there are some mitigating factors (recently broke up with long term girlfriend, had to move back from Australia, got a knee injury that ended my rugby career after playing for 20 years etc) I realise that these will not hold up in court, as these are my problems and do not excuse my actions.I intend to plead guilty in court and get it over with. Do you have any advise for what I should say in mitigation to help me receive the minimum ban of 12 months with the option for a rehabilitation course as well. I will be unable to walk distances for some time after my knee surgery that takes place on 18th January. I recognise that these are my problems and do not excuse what I have done. I intend to take responsibility, explain this is my first offence, explain that I understand the seriousness of the crime, apologise, ask for forgiveness and promise not to drink drive again. Do you have any other pointers that you think I should mention?Thank you for your time.
Expert:  Ash replied 1 year ago.
You wont get 12 months because the band is 60-89, so you are at the higher end. So its not likely to be 12 months. Dont forget to ask for the drink drive course as that gives you a 25% reduction if you complete it.
You also get 1/3rd off any ban if you plead guilty on the first opportunity.
Sadly medical issue is not a defence, but as you say mitigation, together with your sorrow.
I am sorry its not better news.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Alex - and not as sorry as I am for getting in the car.
Wishing you a happy and prosperous new year.
All the best.
Tom

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