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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71445
Experience:  Over 5 years in practice.
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I've been summonsed to court for drink driving but will be

Customer Question

hi, I've been summonsed to court for drink driving but will be out of the country - what should I do? I need a specialist Drink drive solicitor because the evidence is flawed in my case..
Assistant: Where are you located? It matters because laws vary by location.
Customer: i'm in Basingstoke in Hampshire
Assistant: Has anything been filed or reported?
Customer: Well I received the summons 2 days ago based upon blood work. I have previously stated in my interview and have specialist advice that alcohol over concentrates in my system due to my illness.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: i have chronic liver disease and pancreatitis - based upon the blood the say i was roughly 5 times the drink drive limit which is impossible. i'd had 2 pints and even the custody sergeant was surprised i was being booked in under drink driving
Submitted: 3 months ago.
Category: Traffic Law
Expert:  Jo C. replied 3 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Are you on summons or on bail?

Customer: replied 3 months ago.
i was initially released under investigation but received a summons 2 days ago based upon blood.
Customer: replied 3 months ago.
Because of my illness my body over concentrates the alcohol - the police say based upon blood that i was 5 times the drink drive limit. this is impossible. i wouldn't be able to speak English if i'd drunk that much. Even the custody sergeant was surprised i was being booked in for DD because i was perfectly ok.
Expert:  Jo C. replied 3 months ago.

Ok.

When is this in court?

What was the date of the offence please?

Customer: replied 3 months ago.
Hi it’s in court on the 19th April at Basingstoke Magistrates court. The date of the alledged offence was 9th February.
Expert:  Jo C. replied 3 months ago.

Thanks.

When did you get the summons?

When did you book the holiday?

Customer: replied 3 months ago.
It’s actually for work, I got the summons two days ago. From what I can see there are lots of procedural things the police did wrong which would cast my blood sample in to doubt.
Expert:  Jo C. replied 3 months ago.

So when did you book the trip?

Customer: replied 3 months ago.
I haven’t booked it yet as the date keeps changing due to work commitments. I’m not worried about whether I have to cancel the work trip im worried that I can’t find a way out of the situation when I know that there is no way I could’ve had 361 milligrams per 100 ml of blood
Expert:  Jo C. replied 3 months ago.

Thank you.

They will rearrange a court date sometimes if you can show that the absence was a pre-booked one. However, they are not going to rearrange it if this is not booked. Ultimately cause commitments need to be prioritised above work.

If you are a summons then you can instruct a solicitor to attend on your behalf but what you can't do is get him to enter a not guilty plea although you should be able to do that by post.

Can I clarify anything for you?

Jo

Customer: replied 3 months ago.
That all makes sense - am I right in thinking I should have been offered a separate sample of my own blood as that was never offered to me.
Expert:  Jo C. replied 3 months ago.

not necessarily the such a high reading. They would normally do that with a lower reading so that it can be checked independently because of the risk of error but with such a high reading it wouldn't be procedural and it is certainly not required in law.

Customer: replied 3 months ago.
Ok thanks for you help. So essentially I’m knackered??
Expert:  Jo C. replied 3 months ago.

Again not necessarily.

If you think the test was wrong that you can challenge that procedure. That does seem rather high even for a blood reading.

They also will have your blood and you can ask for it in disclosure although you will have to bear additional cost.

I'm slightly surprised that they did a blood test at all given the high reading rather than just relied on breath.

Customer: replied 3 months ago.
To be fair it was actually me that requested blood because I struggle to breathe sometimes due to my illness and they accommodated me. The police were actually very courteous to me so can’t fault them but there is no way I was 5 x the drink drive limit. What would you suggest my next steps were.
Expert:  Jo C. replied 3 months ago.

5 times over the limit does sound a lot. Readings like that are pretty rare.

If you are fighting this then you need to get a solicitor and ask for disclosure.

If your licence is important at all to you then you should be fighting it. The DVLA will probably conduct their own fitness enquiry over this.