Over the Drink-driving limit at a Reading Magistrates’ Court
According to recent news reports a woman claimed that wine in a spaghetti bolognese put her over the drink-driving limit when driving.
This may be considered as part of a special reasons argument similar to a laced drinks defence. It is a difficult legal argument, therefore, you must contact us immediately.
A Reading court rejected the argument that the alcohol within the spaghetti bolognese had put her over the legal drink drive limit.
The court found the defendant guilty and sentenced her to a 12 month driving ban.
On appeal, Reading Crown Court upheld the decision of the Magistrates’ Court.
The motorist had pleaded guilty and was also fined over £2,000
The investigation was conducted by Thames Valley Police.
It is important to consider the amount of alcohol you consume over the Christmas period. The police will be conducting drink drive campaigns over the festive season.
Don’t make the mistake of consuming alcohol without realising it! Check what you are eating or drinking. Ask the chef! Ask your friends or work colleagues whether or not they have bought you a double instead of a single.
It is important to understand that special reasons or mitigating circumstances are not automatically available to the defendant. However, it is important they are considered when facing a disqualification or endorsement for a drink driving offence.
When special reasons or mitigating circumstances are found by the Magistrates Court it means that the court has a discretion to disqualify the offender for a lesser period or not at all.
It I important to note that the Magistrates’ Court is not bound to exercise its discretion.
If a defendant proves that they did not know and had no reasonable cause to suspect that the facts of the case were such that an offence would be committed. The court could consider a special reasons argument.
For more information on drink diving offences please Click Here