Drink Driving Charge Paisley
Our client was attending a family meal at her parent's home with her husband and two children. Her husband had consumed a large amount of alcohol and had a drunken row with his mother-in-law. He left the property and our client who had consumed only a gin and tonic and a small glass of wine some hours before decided to go after him to chat to him. She had taken her children with her and another argument ensued when she stopped the car to talk to her husband. She returned to her parents' house to collect the children's belongings with the intention of returning to the family home. She received a text from her husband that changed her mind and she again returned to her parents' home. Embarrassed and upset, she was consoled by her father and consumed some tequila and some whisky.
Unbeknownst to her, police had been called (out of spite) by her husband and told that she had been drinking and driving with their children in the car. Police arrived and quite properly carried out the drink-drive procedures and our client was found to be significantly over the limit, providing a reading of 103ug (the limit being 22ug).
She was arrested and later released on an undertaking. She contacted our office and we advised that she had a stateable defence to the charge, commonly referred to as the: "hip-flask defence". We took statements from all concerned and reviewed the Crown evidence with our client. A toxicology report was required in order to lend some substance to what our client was saying. Unfortunately, it turned out to be unhelpful. We cited the toxicologist to attend Court and asked him a series of technical questions to explain the anomalies in the report's findings.
Following a trial, the case against our client was found to be NOT PROVEN. This resulted in an acquittal and our client (and her husband) were very relieved.
This case was argued by our Mr Simpson at Paisley Sheriff Court on 4th June 2018.
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