The Defence Starts With You: Why the Best Weapon Isn’t Legal — It’s Personal

How Your Memory Can Be the Strongest Defence in a Drink Driving Case

Lessons in Legal Advocacy #2:

I’ve called this series the 'Caro Excellence in Legal Advocacy' — but it’s really about how your legal defence actually works. Not theory. Not tactics. Just truth. It’s inspired in part by the method of Robert A. Caro, the preeminent political biographer today who believes in relentless fact-checking, research and discussion which can highlight a detail, often a crucial detail, that others missed and which leads to success. It's a discipline that has led to Caro's lifelong mantra: "Turn every page".

Most people think a defence begins in court.

Or maybe when you call your solicitor.

But that’s not true. It starts earlier.

Much earlier.

The real beginning?

It’s the moment after the arrest.

When you're alone.

Staring at the wall.

Sober.

Maybe ashamed.

Yes, these are real emotions.

"You may not meet your solicitor until months later

and key events will have been forgotten altogether.

Not because you weren’t paying attention.

But because time erases things.

That’s normal"

That’s when the real work begins.

Because your memory — raw, imperfect, emotional — is the single most powerful weapon you have.

And you need to use it before it fades.

Quick Answer (for the panicked Googler):

Q: Should I write down what happened after a drink driving arrest?

A: Yes. Even one forgotten detail can change the outcome. Memory fades fast — and your solicitor can only work with what you remember.

Why You Write It Down

You think you’ll remember everything. But you won’t.

The brain doesn’t work like that — especially after a shock.

Adrenaline, alcohol, fear… it scrambles things.

By the time you meet your solicitor — maybe a week or two later — key details are already gone.

And if you receive a summons, you may not meet your solicitor until months later and key events will have been forgotten altogether.

Not because you weren’t paying attention.

But because time erases things. That’s normal.

That’s human.

But it’s also dangerous.

But something else is also at play: alcohol.

Alcohol makes it harder to remember things coherently.

We’ve all been there: trying o remember what we said on a night out and whether we said anything we shouldn’t have.

I’m well aware that remembering key details is harder when alcohol has been involved.

Trust me, clients tell me this all the time.

But you have to try.

After all, I wasn’t there, you were. I don’t know what happened, but I’d like to find out.

Because tiny moments often win big cases:

• The exact words the Garda said

• The moment the blue lights came on

• What you were told about the breath test

• What time things happened

• Whether the witness actually saw you drive

On their own, these seem like nothing. But in court?

They can be the fulcrum that shifts a judge from “sure of guilt beyond reasonable doubt” to “I have a doubt.”

"I’m well aware that remembering key details

is harder when alcohol has been involved.

Trust me, clients tell me this all the time.

But you have to try"

After all, I wasn’t there, you were. I don’t know what happened, but I’d like to find

You’re Not Just a Passenger

A lot of clients say the same thing:

“But I’m not a solicitor — what difference can I make?”

The answer is: a lot.

Because your job isn’t to argue the law.

It’s to help me see what happened — minute by minute.

From your eyes.

Once I see it through your lens, I know what to test in court.

I know what evidence to question.

I know what assumptions to challenge.

I know what areas I need to drive into.

In other words — your memory isn’t just a recollection.

It’s the blueprint for how I build your defence.

This Isn’t About Catching Out Gardaí

People think we’re always looking for ‘loopholes’.

A word to the wise: there are no 'loopholes'.

They don’t exist.

The law exists.

It contains ‘legal safeguards’, not tacky ‘loopholes’.

We’re looking for proof.

The prosecution has to prove their case beyond a reasonable doubt.

Not just “probably.” Not “most likely.”

Beyond doubt. That’s the legal bar.

And they only meet that bar if their version of events holds up under pressure.

If it doesn’t? If it’s missing something? If it contradicts itself?

That’s where your written account matters.

"People think we’re always looking for ‘loopholes’.

A word to the wise: there are no 'loopholes'.

They don’t exist.

The law exists"

Real Case: One Forgotten Detail = Total Acquittal

A man came to me after being arrested at a checkpoint.

Nothing unusual in the Garda disclosure.

The breath reading was high. The Garda’s notes looked solid.

The disclosure gave me no obvious angle.

Just a straightforward prosecution.

We spoke.

Prepared.

But I pushed him — hard — to go back over the events.

Minute by minute.

This happened a few times.

Eventually, almost by accident, he said:

“Oh… well, I did mention I was just after leaving the pub.”

He said it casually — like it didn’t matter.

But it mattered hugely.

Because he told the Garda that at the time — at the checkpoint — he’d just come from a pub a few minutes earlier.

And crucially, the Garda knew that — but it wasn’t mentioned in the official notes or disclosure.

That changed everything.

Because if Gardaí are aware, or have reason to suppose, you’ve been drinking in the last 20 minutes, they should not demand a roadside breath test until 20 minutes have passed since your last drink.

The judge agreed.

The case was dismissed.

He nearly forgot to tell me.

It was a passing comment. One sentence.

But it was the one that saved his licence.

How to Do It

Simple. Just write.

Don’t worry about grammar.

Don’t try to sound clever.

Just get the words down.

Start with:

• What you were doing before the arrest

• What time it was

• What road you were on

• What the Garda said first

• Whether you were cautioned

• What happened at the station

• Anything that felt off or confusing

"He nearly forgot to tell me.

It was a passing comment.

One sentence.

But it was the one that saved his licence"

Don’t second guess yourself. What feels “irrelevant” might be the turning point.

And do it today — not tomorrow.

Even a few hours’ delay can blur things.

Final Thought

You don’t need legal training to help your defence.

You need a pen.

And a memory that hasn’t faded yet.

You can’t control what happened last night.

But you can control what happens next.

After all, it’s the choice between going off the road…or driving home.

And everybody wants to drive home.

_________________

FAQ’s

Q: Should I write my own account of what happened after a drink driving arrest?

Yes. It helps build a detailed timeline and may identify weak spots in the prosecution’s case.

Q: What kind of details matter?

What the Garda said and did. Timings. Location. Whether you were cautioned. Were you handcuffed or breathalysed? Anything that felt wrong or confusing.

Q: Isn’t the Garda version more accurate?

Not necessarily. Gardaí rely on memory too — and their notes don’t always capture everything. A written client account can reveal contradictions.

Q: When should I write it?

Immediately. Delay kills detail. Even 24 hours later can be too late.

Q: Will a solicitor even read it?

If they don’t, you’re with the wrong solicitor.

This is the foundation of your case.