advice

[patrick]

Stopped by the police for allegedly speeding, asked if I had had a drink said yes, the office r then said I can see from your general demeanour that you have not had very much to drink. was told that the police did not have a breathalyser, police officer said that if a car with a breathalyser did not turn up before they were called to another incident then I was free to go, I was not asked when I last had a drink which was minutes before, blew 42 taken to a station some 30 minutes plus away blew 51/53.

I had only had between 1.5/2.5 pints over 1.5/2.5 hours.

V.03 form does not give initial reading nor does it mention the time I was stopped, do I have any defence?

 

[SeanJoyceStephensons]

It does take some time for alcohol to fully be absorbed into your system which would account for the increase in your reading at the roadside. I am not sure what form you are referring to when you say v.03, is this the charge sheet you were provided with when being released from the police station? If so it will not mention the preliminary reading or the time at which you were stopped. This information should be a part of the advanced disclosure made available to you at the first hearing.

In any event the preliminary test is not relevant as only the police stations results are used in evidence against you. The time of arrest should be in the officers statement but again, if it isn't this can simply be given in verbal evidence if you call him to Court.