Diabeties and the Breathalyser

[monkshood]

Hi,

I have a bit of an issue, wonder if I can get some help.

On Friday 3rd I'm appearing at the Magistrates Court charged with drink driving and providing a breath specimen of 107.

I am a diabetic and I have been Ketotic since getting food poisoning in May. The day I was stopped on the way from work, at about midnight, I and a few othwer colleagues had a G&T to wave off a colleague who was retiring; that was about 2130. After that (large) G&T I left London on the drive home to Norfolk. A journey of almost 2hrs30.

When I was breathalysed I produced a reading of 107. I'm told this is three time over the limit and would have required a half bottle of spirit.

I know that Keto-acidosis is exhaled as Acetone and Isopropol on the breath and I believe that the reading was made inaccurate as a result.

Not saying I would have blown zero that's for sure. But I do believe the reading to not accurately reflect my true alcohol level. But read a combination of alcohol and acetone/isopropol.

Can I present this in court to the magistrate as mitigation? Or will it not be admissible.

My circumstances at the moment prevent me from hiring a solicitor to be with me.

I have no other convictions at all.

Thanks

 

[monkshood]

Hi,

I have a bit of an issue, wonder if I can get some help.

On Friday 3rd I'm appearing at the Magistrates Court charged with drink driving and providing a breath specimen of 107.

I am a diabetic and I have been Ketotic since getting food poisoning in May. The day I was stopped on the way from work, at about midnight, I and a few othwer colleagues had a G&T to wave off a colleague who was retiring; that was about 2130. After that (large) G&T I left London on the drive home to Norfolk. A journey of almost 2hrs30.

When I was breathalysed I produced a reading of 107. I'm told this is three time over the limit and would have required a half bottle of spirit.

I know that Keto-acidosis is exhaled as Acetone and Isopropol on the breath and I believe that the reading was made inaccurate as a result.

Not saying I would have blown zero that's for sure. But I do believe the reading to not accurately reflect my true alcohol level. But read a combination of alcohol and acetone/isopropol.

Can I present this in court to the magistrate as mitigation? Or will it not be admissible.

My circumstances at the moment prevent me from hiring a solicitor to be with me.

I have no other convictions at all.

Thanks

Forgot to mention. I live in Norfolk and all my work is in London with early starts and late finishes. If I get a ban, I'm out of work!

 

[SeanJoyceStephensons]

If you have only had one drink then there is no way that your reading would have been 107 in breath under normal circumstances. I would heavily suggest that you speak to an expert about the possibility of them preparing a report for you and what the cost of this would be.

The Court will not simply accept your word that your medical condition could have caused this issue, you will need an expert to confirm this if you want to put it forward in your case. If you cannot speak to an expert before the hearing you may wish to consider pleading not guilty to enable you to do so.

 

[monkshood]

If you have only had one drink then there is no way that your reading would have been 107 in breath under normal circumstances. I would heavily suggest that you speak to an expert about the possibility of them preparing a report for you and what the cost of this would be.

The Court will not simply accept your word that your medical condition could have caused this issue, you will need an expert to confirm this if you want to put it forward in your case. If you cannot speak to an expert before the hearing you may wish to consider pleading not guilty to enable you to do so.

Thanks for your advice Sean, gratefully received.

I have never been arrested or charged with anything before, so I know absolutely nothing about any of this. Can I ask how to go about finding an expert who can or will write a report about this sort of thing.

Thanks.

 

[SeanJoyceStephensons]

If you Google forensic experts, blood alcohol calculation then a number of firms should appear. You can then contact them to discuss fees and also ask for an initial assessment as to whether your medication could have caused a problem with the accuracy of the breathalyser.