Supervisory Driver over the Prescibed Limit!

[Bmeister]

Hi there,
Around a week ago I went to a rural town around 1 hours drive away from my homw town. A friend of mine was supposed to be sat in the front supervising the learner driver, but he had way too much to drink. I had three pints of Lager over a 3 1/2 hr period (although i was far from drunk) and needless to say we were pulled over. The officer said they would not keep us long but had to check that the learner driver's paperwork was in check.
When eventually the officer decided to breathalyse me, i blew a 41mg, which is not a particularly high reading but they had to take me in nonetheless.
Once i got to the station they filled in the presumably usual paperwork and had me take another breath-test. This time i blew a level of 44mg, still over the prescibed limit. A little while later i was given the opportunity to give a urine sample, which i chose to go with, as i had never been in this situation let alone be arrested.
I gave my second sample which would be used for the lab test some 1hr 40 mins after my 1st breath test.
Once all this was done i asked the officer in charge whether i would be able to sit next to the learner driver for the remainder of the home journey as the only other driver who could had way more to drink than i did. I had to give another breath test for them to decide whether i was fit to do so or not. I blew 35mg, bang on the limit!
I was wondering if the fact that i was allowed to sit next to the learner driver although on the limit could in some way add to any defense if i were summoned to court and also whether there is some way of converting the breath alcohol level to the blood alcohol level so i could getsome idea of where i stand with regards to a possible conviction?
Also would the fact that i'm a first time offender and self-employed individual with no other means of income be given any discretion with regards to the severity of punishment?
Finally how likely do you feel that after a period of 1hr 40mins and a breath reading of 35mg would it be that this case was dismissed?
Kind Regards
Bmeister

 

[SeanJoyceStephensons]

To advise about potential defences and prospects of successfully avoiding a conviction and/or ban we would need to see all the evidence and your instructions. However, the fact the police allowed you to sit with the learner driver and supervise him on the journey home following your release from the police is completely irrelevant and not something that is going to make any difference to your case.

The sentencing guidelines available elsewhere on this site provide breath, blood, and urine equaivalents which should give an idea of the equaivalent breath reading.

If you seriously want to look at potential ways to challenge the prosecution evidence then you should instruct a solicitor to look at the evidence and give you proper advice. Whilst you will have to fund the cost of this you should be able to agree a fixed fee for doing so.

If you need help arranging legal representation, or would like us to look at the evidence and advise you then call us on 0845 0020736 for a free, no obligation discussion about your case.

 

[Bmeister]

Hi there,
I had my results back on Monday and as you can imagine they came back over the limit at 114mg alcohol per 100ml of blood, so not astronomically over the limit but over nonetheless.
The charging officer made the point that from experience he does not believe that i will get a 12 month statutory ban but that i'll end up with a few points and a fine due to the nature of my work (self-employed window cleaner) and the nature of the case. I have been fully co-operative and helpful with the police throughout the entire process.
I've now got the decision to make whether i'm going to be represented or whether to represent myself. I feel that due to the evidence it would be in my best interests to plead guilty and make my case with regards to work personally at the magistrates!
I have no intention of fighting the case unless i can find someone who is confident they can get a positive result, i feel that putting my hands up and accepting blame will give me the most lenient sentence!
However i'm not sure if it would still be good idea to be represented regardless. The only problem is that i don't have the money to employ a solicitor and i have been given no information as to who to contact with regards to free legal aid and whether i would qualify.
Sorry for the rambling but i just wanted to convey my thoughts as accurately as possible!
Regards
Bmeister

 

[SeanJoyceStephensons]

As we advised you when we spoke with you, with a reading of 114 in urine the Court are likely to sentence you to a disqualification of between 12 - 16 months. A financial penalty would also be imposed. Whilst you are charged with being in charge of a provisional driver this is a very aggravating factor. It is possible for in charge cases to be sentenced to 10 points instead of a disqualification. However, this is the exception rather than the norm.

Furthermore, you have advised that you already have 3 points on your driving licence. Accordingly, if you received 10 points in respect of this offence you would fall to be disqualified as a totter for a minimum 6 month period unless you could present exceptional hardship arguments. As advised loss of job is NOT exceptional hardship.

Either way you are at risk of a ban. Our success rate with exceptional hardship applications is 90 - 95%. We also have a proven track record in keeping driving licence's intact.

If you would like to discuss this matter or require any further advice please feel free to call us on 08450020736 .