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Why did he drink immediately after an accident?
Where were the empty bottles found?
He can plead not guilty on this basis but the police are not going to accept it. They will say he has made it up to excuse the drink driving and point to the fact that no bottles were found in support of his account.
they will need more than inference though. They may do a BAC calculation to ascertain exactly the levels of alcohol in his blood stream at the time of the accident. If that is going to be favourable then this might be worth pursuing. If not then it would be dangerous.
They could still prosecute him for failing to stop and report but that only realistically carries penalty points save for very limited exceptions.
Can I clarify anything for you?
Well, it depends. If he really did drink this afterwards then it probably is. If he didn't then it isn't. The hip flask defence is quite commonly raised and sometimes it is inaccurate.
Mental health issues are not relevant and, in fact, reduce his credibility.
There isn't any way of proving a negative really.
It depends how much money you want to risk and what the BAC calculation is going to show.
He probably won't get legal aid for a solicitor so would have to pay privately which is something that you have to weigh in when considering whether to plead or contests it.
Well, as I have said really, he can plead not guilty.