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Thread: Gastric Bypass gives higher reading?

  1. #1
    idiotdriver is offline New Member
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    Default Gastric Bypass gives higher reading?

    Hello,

    About six weeks ago (still waiting to be charged) I was stupid and drunk from the night before. I was just near home and hit a rock from a dry stone wall and flipped the car over. No other cars or people were present.

    I blowed 134 which is very high but had two bottles of wine the night before and was driving around 12 hours later.

    A few years ago I had a Gastric Bypass and I did some research into it and according to American College of Surgeons it can give a higher breath and blood BAC (discovered in 2016). I know I will lose my license etc but will it help in court if I go to my surgeon to write a letter stating this?

    The links are below:

    https://www.massachusettscriminaldef...-readings.html


    https://www.facs.org/media/press-rel...tricbypass0311


    https://daytondui.com/defending-your...ypass-defense/




  2. #2
    Join Date
    Nov 2008
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    I represent people accused of road traffic offences all over England and Wales
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    3,149

    Default Re: Gastric Bypass gives higher reading?

    Drink driving is a strict liability offence meaning that there doesn't need to be an intention to drive whilst over the limit. Where you may be over the limit due to your inability to break down alcohol as well as the next person as a result of a medical condition such as yours then this might mean that the court would look at you more favourably when considering sentence but it would never amount to a defence due the strict liability nature of the offence.

    A reading of 134g of alcohol per 100ml of breath puts you in the highest sentencing bracket meaning you are at risk of a ban as high as 3 years together with the risk of a community order or prison sentence. It may be that your medical background can help to outline how different your circumstances are and how your readings may appear higher than someone else in your position baring the same physical characteristics but without the condition. The court are entitled to use their discretion to take this into account when considering sentence but this point will need to be carefully explored with the help of a solicitor before you attend court.

  3. #3
    idiotdriver is offline New Member
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    Default Re: Gastric Bypass gives higher reading?

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    Quote Originally Posted by SeanJoyceStephensons View Post
    Drink driving is a strict liability offence meaning that there doesn't need to be an intention to drive whilst over the limit. Where you may be over the limit due to your inability to break down alcohol as well as the next person as a result of a medical condition such as yours then this might mean that the court would look at you more favourably when considering sentence but it would never amount to a defence due the strict liability nature of the offence.

    A reading of 134g of alcohol per 100ml of breath puts you in the highest sentencing bracket meaning you are at risk of a ban as high as 3 years together with the risk of a community order or prison sentence. It may be that your medical background can help to outline how different your circumstances are and how your readings may appear higher than someone else in your position baring the same physical characteristics but without the condition. The court are entitled to use their discretion to take this into account when considering sentence but this point will need to be carefully explored with the help of a solicitor before you attend court.
    Thank you for getting back to me. I will let my lawyer know (Tim Vickers) and see what he says also.

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