Two breath tests?

Convicted Driver Insurance

miss marple

Member
Hello

My son is due to appear in court on a drink drive charge tomorrow, something none of us is looking forward to! At the police station he only remembers giving one breath test (reading 69) and everything I've read says he should have been asked for two, the lower of which is used. If it turns out he only had the one test would this make any difference to the case? I think he may have been so stressed that he can't remember clearly, but we will study the Advance Information tomorrow to see what it reveals. We don't have a solicitor as he was going to plead guilty anyway.

Thanks for your help.
 
Hello

My son is due to appear in court on a drink drive charge tomorrow, something none of us is looking forward to! At the police station he only remembers giving one breath test (reading 69) and everything I've read says he should have been asked for two, the lower of which is used. If it turns out he only had the one test would this make any difference to the case? I think he may have been so stressed that he can't remember clearly, but we will study the Advance Information tomorrow to see what it reveals. We don't have a solicitor as he was going to plead guilty anyway.

Thanks for your help.

Hi and welcome to the forums. If your son only gave one breath reading at the police station instead of the required two then correct procedure has not been followed and it certainly could make a difference to the case, I suggest you contact a solicitor if this is the case.

However the two breath samples you are required to give at the police station are only minutes apart from one another so maybe this could lead to some confusion and like you say, your son was very stressed so maybe he has not remembered correctly. Definitely something worth looking into.

There is usually a duty solicitor available at the Magistrates Court on the day, who is free of charge, it may be worth having a word with him.

Hope your sons case goes well, let us know how he gets on.
 
Many thanks for your reply. There were details of two breath tests on the advance information, so that turned out not to be relevant. We used the duty solicitor who was a great help in guiding my son through his first (and last, I hope) time in court. As we had been told to expect, he was disqualified for 18 months with four months reduction if he completes the rehabilitation course. The fine was £100 + £35 costs which I believe is quite low, so he was lucky there.

It has all been a bit traumatic but hopefully will be a lesson well learned.
 
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