Boyfriend failed roadside test

Convicted Driver Insurance

scared

Member
Hi,

My boyfriend has been very very stupid and went to a mates house over the weekend, must have had 3-4 drinks throughout the afternoon and got pulled around 8-9pm. Reason being, he was driving down a bypass behind a fire engine, the fire engine was doing less than 40 so he very safely overtook and didn't break the speed limit at all but I don't know if there is some unwritten rule about him overtaking an emergency vehicle even though it obviously wasn't on call. The police didn't actually witness it but a police car was happening to pass and the fireman gestured to pull my bf over.

His breath reading was at 97 and he spent most of the early hours in the cell. We have had the car a week, he is soooo gutted as am I. There is also a chance he will lose his job as part of it does include driving. His boss said he has done it before and knows it is stupid but his concern is the insurance premiums on the company insurance.

However, I have spoken to a solicitor who advised me it isn't worth instructing a solicitor for this because it could cost up to £500 and the case will only take 15 minutes, and the breathiliser doesn't lie, the reading is there so the best way would be for him to plead guilty. She said he should get a 12 month ban with a reduction if he asks for the rehab course, which he wants to do.

Is he ok representing himself then? What do you think he is in for with that circumstance and reading?

He swears he wasn't speeding and has only actually been charged with drink driving, no careless or reckless driving. Bad thing is, he was literally minutes from home but I guess this is what he needs because like most drink drivers, it isn't a one off, he did it regularly. However he has never been charged before and has a clean licence.

Will this fire engine thing be raised? He caused no harm, didn't speed off, he fully co-operated with the police and didn't kick off. His case is in a few weeks. How can we prepare?
 
The advice you have received causes me some concern and demonstrates why people in your boyfriend's situation should get advice from a specialist solicitor. Whilst in the overwelming majority of cases that reach court the machine is working properly, it is impossible for any lawyer to say for sure whether the reading from the breath test device is reliable or not until the evidence has been served. This evidence will show, for example, whether the machine self calibrated properly and I have personally dealt with cases where it hasn't. Also, if he is convicted then it is very unlikely that he will receive the minimum 12 month ban as you have been told. The Magistrates sentencing guidelines suggest that for a reading of 97mg in breath a ban of between 23 and 28 months should be imposed for a first offence. In addition he is well over the threshold for a fine and should expect a community penalty of some description. This could be a supervision order, unpaid work, an electronic tag or a combination of these. The threshold for a custodial sentence is 120mg in breath. Any aggravating features will also affect sentence, such as evidence of reckless driving. Any reference to the overtaking manouvre in court is something that the court may take into account if they felt that it made the overall circumstances more serious. However, if the fire engine driver didn't stop and the police didn't see it then I do wonder how the police would know about it.

It is sometime possible to persuade courts to impose disqualifications and punishments that fall short of those recommended in the sentencing guidelines. This requires thorough preparation of your case and good presentation of the mitigation in court, a service that can usually be obtained for a fixed fee and is often well worthwhile. My advice to your boyfriend would be to get representation rather than throw himself at the mercy of the court. If he doesn't and is unhappy with the result then an appeal would be much more expensive in the long run.
 
That doesn't sound too good. They also said he doesn't qualify for legal aid. What will be our best move then? We aren't exactly rolling in cash as you would appreciate.

Cannot believe he did this. No the fire engine didn't stop, I guess the gestures from the fireman gave the policeman cause for concern whatever he did so obviously a breath test was inevitable.

Would my boyfriend have to admit the overtaking? He never caused any harm though, I don't get it. The fire engine never had to swerve or brake or anything. It is just so unlucky and stupid.

The solicitor sounded so confident aswell that he would be fine alone. I feel like crying now. :(
 
Hi, thank you for taking the time to speak to me earlier, you were very helpful. I spoke to my boyfriend who is still unsure which path to take, he thinks he should be ok self representing but this is something we will discuss tonight.

Should he actually decide to go it alone, are there any documents he would need to bring aside from his licence?
 
After having spoken to my boyfriend, we have both decided to go ahead with your help if possible so he will be giving you a call today (if he hasn't already!) :)
 
Also, something else he told me. His roadside reading was in the 80's then went up to 97 in the station, they took 2 at the station, is that right and also should they not go for the roadside one as it is lower?
 
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