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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71146
Experience:  Over 5 years in practice
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My husband has been diagnosed with PTSD. Back in July he was

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My husband has been diagnosed with PTSD. Back in July he was arrested and charged with a drink driving offence. He had a few beers the night before then the next morning went to the shop to buy whiskey. After he got home he drank a large quantity of this. Just after this the police arrived as someone at the shop had reported him. He was breathalysed and because of what he had drunk when he got home he was well over the limit. The solicitor appointed to him by the police has as good as said that he will need to plea guilty as it is nigh on impossible to prove he did not drink before driving. Could you please advise ud if this is the right way to go or have we got another option? (I should point out that he was drinking to blot out his flashbacks that he suffers with)
You can always contest this on the basis that he wasn't drunk at the time of driving but there are various problems with that. Firstly it doesn't really accord with the evidence of the shopkeeper. Secondly you run the risk they will do a BAK calculation and prove that the consumption wasn't subsequent. Thirdly it is always a challenge to convince Magistrates that a person consumed a very large amount of spirits in one hit with no apparent reason to do so.However, it is open to him. The risk is that he will lose and face costs.I think the solicitor is of the view that his account amounts to a defence but it is likely to fail which is not entirely far from the truth I'm afraid. There are probably others who will give your husband bad advice that he wants to hear rather than good advise that he does not but generally speaking the latter is more useful in the long run.Can I clarify anything for you? Jo
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