Worried_sick
New Member
Hi i am in desperate need of help, i have been charged of being incharge of a motor vehicle with excess alcohol! I had no intention of driving that day and its been ever so depressing facing a charge i had my first trial where i pleaded not guilty as i know i wasnt going to drive and recently told a friend about the hell i was facing he looked at a copy of the charge sheet etc i recieved at trial and pointed out something purely speculative and i just wanted to know if theres any substance to this claim,
i was charged on 3rd of april after blowing 49 and 55 on the intox machine however on the printout from the intox the machine was still set on Gmt rather than BST meaning the machine was out by an hour he claims that printout can be deemed admissable because a deviation of over 3 mins in the internal time module of the machine can render evidence unreliable? He also pointed out whether the operator was aware of the time difference as the operator has the ability to annotate the printout and sign it, and there is no alterations but only mentions BST where he wrote the results into the charge sheet where he/she may have become aware of this difference?
My friend also pointed out that intox machines that are approved by the home office have an internal clock which can adjust to the time difference and so this machine has failed to meet the guidelines hence could be considered defective? And so the operator should not have accepted this readout based on the posibility of errors within the mechanism of the machine and either used another terminal or asked me to provide a blood or urine sample instead? So the correct procedure wasnt followed following the discovery of an anomoly with the intox machine? I dont know if any of this is relevant all i know is i know i wasnt going to drive and its hard to convince a court otherwise all i have is my words and my friend said its hard to convince a court otherwise as they seem to want to just gaze a guilty glare over people these days.. any help would be appreciated thanks
S
i was charged on 3rd of april after blowing 49 and 55 on the intox machine however on the printout from the intox the machine was still set on Gmt rather than BST meaning the machine was out by an hour he claims that printout can be deemed admissable because a deviation of over 3 mins in the internal time module of the machine can render evidence unreliable? He also pointed out whether the operator was aware of the time difference as the operator has the ability to annotate the printout and sign it, and there is no alterations but only mentions BST where he wrote the results into the charge sheet where he/she may have become aware of this difference?
My friend also pointed out that intox machines that are approved by the home office have an internal clock which can adjust to the time difference and so this machine has failed to meet the guidelines hence could be considered defective? And so the operator should not have accepted this readout based on the posibility of errors within the mechanism of the machine and either used another terminal or asked me to provide a blood or urine sample instead? So the correct procedure wasnt followed following the discovery of an anomoly with the intox machine? I dont know if any of this is relevant all i know is i know i wasnt going to drive and its hard to convince a court otherwise all i have is my words and my friend said its hard to convince a court otherwise as they seem to want to just gaze a guilty glare over people these days.. any help would be appreciated thanks
S