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Jo C.
Jo C., Barrister
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i was recently caught driving over the legal limit. The charge

Resolved Question:

i was recently caught driving over the legal limit. The charge is defined as being "drive motor vehicle when alcohol level above limit" I think that means its a DR10?

I provided a breath specimen with the two results being 88 and 93 mg respectively.

This is my first offence. What can i expect to receive at my court hearing which is in aproxamatley 2 weeks.

Another important point i need to make which could be relavent is that prior to me being released from the Police station, i was asked to do a final breath test to see if i was still over the legal limit.

However at this point the officer could not get the machine to work again. Could this possible be something worth mentioning in court to refer to the fact the initial reading i gave at the police station could also possibly inaccurate based on this?

Many thanks
R
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

Did you have a solicitor present when you were interviewed?
Customer: replied 1 year ago.

Hi Jomo, no i did not.

Expert:  Jo C. replied 1 year ago.
Don't worry, I'm afraid that should have done upon another post!

This is a DR10.

If this is 88 mg - 93 mg in breath then the lower reading will be taken.

If this is 88 mg in breath then you are facing a fine and a period of ban of between 12-16 months. This is likely to be only 12 months.

You can reduce the ban period by doing the drink driving course. That will shave off one quarter.
Customer: replied 1 year ago.

Thanks for your reply Jomo.


 


Will i be looking at a criminal conviction, as i am worried that this will affect my job as we require a CRB check to work there?


 


Thanks


R

Expert:  Jo C. replied 1 year ago.
Unfortunately drink driving is a criminal conviction.

It will be visible upon CRB checks I'm afraid.
Customer: replied 1 year ago.

Is there a possibility that i could face a prison sentence if convicted?

Expert:  Jo C. replied 1 year ago.
not for this reading. It doesn't pass the custodial threshold.
Customer: replied 1 year ago.

Thank you for your answers so far.


 


My final question refers back to my initial message.


 


Are there any grounds for dismissal of my case based on the fact that the Evidential Breath Test machine failed to work and consequently provide me with a final reading when leaving the station in the morning?


 


Thanks


R

Expert:  Jo C. replied 1 year ago.
If they have a reading at some point closer to the offence then they can rely on that I'm afraid.

I think probably the reason for that reading was to ascertain whether you were safe to drive home.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 65358
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

Ok, thank you for your help Jomo

Expert:  Jo C. replied 1 year ago.
No problem.

All the best.

Please remember to rate my answer.

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