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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice.
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My husband has been charged driving today, blood test result

Customer Question

Hi,
My husband has been charged for drink driving today, blood test result was 120, he is due to appear at court next week. The night he has been cought, he was trying to commit a suicide, he then drunk some wine but not a lot but he lost lots of blood than drove a car about 500m and crashed into a fence. Then he drunk more and got cought, taken to a hospital where the blood sample was taken in the morning. Unfortunetely he threw away the other blood sample. Is there any chance he can plead not guilty as he was drinking after the accident? thank you in advance
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
Is it worth to write a mitigation letter and say about mental health issues?
Expert:  Jo C. replied 1 year ago.

Why did he drink immediately after an accident?

Customer: replied 1 year ago.
Hi Jo, thanl you for a quick answer, he was in a shock
Expert:  Jo C. replied 1 year ago.

Where were the empty bottles found?

Customer: replied 1 year ago.
It was a long night, he was trying to
Customer: replied 1 year ago.
To commint a suicide
Customer: replied 1 year ago.
we got cought some time after the accident, he came home first, I called the police because he was bleeding and left the house, they didnt find any bottles.
Expert:  Jo C. replied 1 year ago.

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?

Jo

Customer: replied 1 year ago.
Thank you Jo, thinking about it, they found two bottles At home, asked me if he drunk it, I said i did see him with one of the bottles, but it wasnt even a full bottle. The blood test was taken around 4hrs after accident, at the hospital. He has lost his job because of this already. He was a driver. Is it worth pleading not guilty if he doesnt have another sample? Is it worth getting a solicitor? Can he mention mental health issues? He only drove it for 500m? How can he prove that he was drinking after? Many thanks
Expert:  Jo C. replied 1 year ago.

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.

Customer: replied 1 year ago.
He did drink afterwords, but Im not sure how to prove it, is it worth to plead not guilty and get a solicitor on a day or just plead guilty? Thank you
Expert:  Jo C. replied 1 year ago.

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.

Customer: replied 1 year ago.
Sorry Jo, as he wasnt stopped by the police in the car, but some time after, outside the house, and wasnt breathalised, but taken to the hospital as he was losing blood, what options has he got? The only test was done at the hospital, few hours after, can he plead not guilty and ask for a back calculation? Does he need a lawyer to do so? What sort of evidence does he need to prove he was drinking after the accident and before he got arrested? Thank you
Expert:  Jo C. replied 1 year ago.

Well, as I have said really, he can plead not guilty.

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.

There isn't any way of proving a negative really.

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