Why is there no blood alcohol reading on charge sheet?

[Izzy]

My partner was stopped in December 2009 and after not being able to supply a breath test was taken to a local police station to provide a blood sample.

He has been issued with a charge sheet, dated in February 2010, instructing him to appear at the local magistrates court tomorrow.

There is no blood alcohol reading stated on the charge sheet. There is a note stating that there had been so much alcohol consumed that the driver was unfit to drive.

My questions are:
Why is there no blood alcohol reading shown on charge sheet?
Why was a charge sheet issued as opposed to a summons?

I only learned about this yesterday, have strongly encouraged partner to seek legal advice and panicking to try to get some information on the situation as quickly as possible.

 

[SeanJoyceStephensons]

I cannot really explain why the police have chosen to prosecute your partner for driving whilst unfit rather than driving over the prescribed limit. I assume he has been charged with driving whilst unfit through drink, rather than through drugs. If not, and he is prosecuted on the basis of the presence of drugs, then this would explain the difference.

In cases invoving offences of driving whilst unfit the prosection must prove that the Defendant's ability to drive is impaired, and not just the mere presence of drink or drugs in their system. There are various ways that the prosecution do this.

In cases involving offences of driving whilst over the prescribed limit then there is no requirement to prove impairment, just that the amount of alcohol present exceeds the prescribed limit.

Having said that the Court may treat this as a distincition without a difference if they find that there was enough alcohol in your partner's system to enable them to conclude that his driving must ahve been confirmed. The penalties upon conviction are certainly likely to be the same.

The decision to charge rather than summons is entirelty a matter for the police. In cases like these both methods of bringing proceedings are entirely acceptable. the only practical difference is that when summonsed you are not on bail and do not commit an additional bail act offence if you fail to turn up, whereas you are on bail and do commit an offence if you fail to turn up at court following charge.