Do UK Courts use Retrograde Extrapolation?

[jeff]

Do UK courts extrapolate readings to obtain a higher conviction? I am aware in certain parts of the world that 'Retrograde B.A.C. Extrapolation' is used to increase charges in some cases.


I have a clean record, but was found stopped at the side of the road asleep in my car, drunk, no passengers or accidents. I was woken by a policeman who thought I was just napping, but later found out I was quite intoxicated.

My reading at the station came through as 75, which is what's written on my charge sheet. My reading could have been higher at one point, possibly while driving - would the court attempt to exercise this fact?

At face value I believe I'm looking at ~20 month ban with £600 fine (based on my earnings). Will the court probe into the times of my drinks and try and deduce that I was more intoxicated? Especially since I was asleep at the time they found me?

 

[jeff]

It's also worth mentioning that I admitted to driving approx 25 miles.

This isn't in the charge sheet, but am concerned this is something the officers will bring up or that I could get asked, and could imply a potentially higher back reading (combined with the fact I was sleeping for an unspecified amount of time on-top).

 

[SeanJoyceStephensons]

One of my colleagues has given you a call to discuss this in greater detail but if you have any further questions then please feel free to contact me on 0845 002 0736.

 

[jeff]

Your colleague feels that it's unlikely since it will add unwanted complexity, and the judge on the day doesn't have time to scrutinize cases like these, especially since extrapolating a higher amount would only increase the severity, and not the actual type of conviction.

Would you agree with all this? That it's highly unlikely and the judge will just use the reading of 75 at face value?

Also, is this something the police would do or the court - I.e. am I likely to find out if they're angling for this between now and then?

 

[SeanJoyceStephensons]

The Magistrates will pass sentence on the case as it is presented to them, it is up to the prosecution to raise the issue of BAC calculation if they feel it is appropriate. I do not think that the CPS are likely to pursue this in your case as you are pleading guilty however it is entirely at their discretion and unfortunately cannot be ruled out entirely. It would be the Crown Prosecution Service who would make the decision to do a BAC calculation or not and again it would be at their discretion as to whether they inform you of this before the hearing or not.