drink driving and suffering from Gastritis

[Joseph]

Hello there, I have been charged with drink driving, after being stopped because my fog light was on instead of my night light.
I had just had a pint of beer and shot of whisky and was stopped after 10 mins. I was told is not over the limit. At the roadside, I told the officer everything I blew 47 at the road and at the station they took two set of readings first 50 second 47.. I suffer from Gastritis and also Anxiety but was too shocked to disclose this with the police, I asked for a solicitor, but didn't get one and they did not do a urine test or blood test. I read Gastritis can have a large impact on the breathalyser result.

What are my options here, should I plead guilty, I need help, my hearing is this month too.

Thanks for taking time to read this

 

[SeanJoyceStephensons]

The police had the power to request a roadside sample due to the fact you had committed a moving road traffic offence (one of three reasons the police must have before being able to request a sample). The roadside sample is for screening purposes to establish whether there are grounds to suspect you're over the limit and it is not used in evidence. It gave the police a reason to arrest you and take you to the police station where evidential samples were requested. Of the two evidential samples at the police station only the lowest one is actually used in evidence in court.

You have the right to free and independent legal advice at the police station but the breath sample does not have to be delayed for this purpose. There is no longer any requirement to offer you blood or urine as a substitute for a breath sample.

The issue of whether your medical conditions would have affected your breath sample is a question for an expert medical witness. You would need to serve any medical reports on the prosecution within the deadline set by the court and in any case, before your trial.

A reading of 47mg in breath usually attracts a 12-16 month ban and a fine, according to the sentencing guidelines.

 

[Joseph]

Just to add, this is my first offence if I plead guilty, and I read some Solicitors website, but based in America, which claims My conditions does affect the result. But like you said I will need a medical specialist to help me explain this..

And thank you for the reply, I am dying here, sitting in the corner contemplating my life's decisions, if this goes into my record, that's the end of my career, and I don't know what I will do with myself if that was the case.. I should have never drove that day, and I should have never bought car in the first place.