Drink Driving Can I Avoid A Ban?

Is a medical emergency sufficient grounds for special reasons defence for drink driving?

Question:

I was caught drink driving 4 weeks ago by a police check point. The officer asked could he breathalyze me at the scene which I obliged to although I explained to him that my mother was ill and that I was on my way to check on her.

I failed the breathalyzer and so was taken to the local police station, I was breathalyzed again and my reading was 58, I explained again my situation regarding my mother and also that my own health has not been good and that I had lost 6 stone in the last 5 months and that I was on pain killers.

Also that have a disabled son who has been in and out of hospital over the last few months and was worried about losing my licence as I am my mothers only relative in the country and she depends on me.

I was honest with the police and admitted that I only had 4 shandies, could you please give me some advice on what I should do.

Dominic Says:

You have really good personal mitigation but I’m afraid that is not going to help you to avoid a drink driving ban.

The court can only avoid banning you for the minimum period of 12 months if you can show that you were not driving whilst over the limit or if you can show the court that you have a special reasons argument – such as driving in the course of a medical emergency.

Tell me about what had happened with your mother at the time you were driving to her and I may be able to assist further.