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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71261
Experience:  Over 5 years in practice.
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I was in a lay-by 100 meters from my house last night at

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Hi there. I was in a lay-by 100 meters from my house last night at 9PM. I was out of my vehicle, relieveing myself in the bush. I stopped and as I approached the rear of my vehicle a police car pulled up and asked me what I was doing. I told them then the officer said he could smell alcohol on my breath and took a breath sample. I blew a 62. I was then taken to my house so I could drop my keys off and taken into custody where I blew a 70 and then a 72. I was breatherlized again a 2 a.m and was under the legal limit. In the interview I told the police officer that I had had one can of beer at work. Then I as I pulled into the lane where my house is I reached into the back of my vehicle and get a can of coke opened it and had a large drink. I realised that it wasn’t coke but infact a can of Captain Morgan’s and coke which is when I immediately pulled over waited a few minutes, got out of my car to do my business and decided to leave my car where it was and walk the 100 yards to my house but before I could secure the vehicle this is when the police pulled up and the above happened. I must stipulate that the police did not see me driving the vehicle or even sitting behind the wheel. I have to attend the majastrates court on the 30th of Jan. Do you know the penalty I can expect to receive please ?

Thank you.

If you are pleading guilty then that will keep costs fairly low. If you are charged with drink-driving and they are relying on the reading of 70 in breath then you fall into the sentencing bracket that would allow them to impose a fine. However there will be a ban of between 17 to 22 months. There will be costs of £85 if you plead guilty.

Can I clarify anything for you?


Customer: replied 4 months ago.
Hi Jo. Can I plead not guilty to drink driving as the police officers didn’t see me driving my vehicle and go for the original charge of drink in charge of a vehicle on the grounds that as soon as I realised my mistake I pulled over and decided to leave my vehicle where it was and collect the next day ?

no because that is not true. You can only tell the truth in the course of a criminal prosecution or say nothing

Customer: replied 4 months ago.
In your original answer you say ‘if’ I am charged with drink driving. Can you clarify on the ‘if’ please ? May they still go for drunk in charge as they did not see me driving the vehicle or even inside the vehicle and also that the alcohol level in my breath could have risen after the vehicle was parked ?

yes but they won't. They could do that. They could do anything. But if this was in a layby and the keys were on you or in the vehicle and there was nobody else there then you will be charged with drink-driving.

I'm happy to continue with this but please rate my answer.

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 4 months ago.
Do they still not have to prove that I was actually driving the vehicle after my intoxication level was above the legal limit ?

yes but on these facts they could and you cannot run a defence that is not true in any event.

You could put them to proof but there is enough evidence to establish that you are driving afraid

Customer: replied 4 months ago.
Would I get free legal aid for this and get a solicitor to go to court with me ? I was offered a duty solicitor on the phone and did speak with him.

Generally speaking you would not get legal aid for drink-driving because it is not imprisonable in this sentencing bracket but you could make an application. Sometimes they can make unusual decisions so it is worth trying

Customer: replied 4 months ago.
Ho would I apply for this ? Also I didn’t get given a copy of the interview recording when I was discharged. Can I request this ? I know this might be clutching at straws but on the charge form they have spelt the area wrong in which I was charged. Would this go against them in anyway?

If you are having a trial then they should make the tape available for your collection.

But they don't normally disclose anything at all at the time of release.

And they don't type the interview up at all now.

I'm afraid the misspelling of the area matters not. They can amend that and anyway, it doesn't really matter because drink driving is unlawful anywhere.

Customer: replied 4 months ago.
Can I request to talk too and have contact details of the duty solicitor that I spook to on the phone with yesterday whilst I was at the police station ?

You can make contact with him but probably his view would be that there is no point until there is disclosure at the mags court