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Thread: Confused

  1. #1
    Mermaid is offline Member
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    Default Confused

    Hi I have come across this forum and think I have read every single thread. It is so very helpful and not in the slightest judgemental. I was wondering if you could advise - it does appear that every single excuse/reason/whatever you call it has been mentioned and I am sure the courts must be bored of everyones reasons etc, so here goes mine - I was out on a works 'day' out and called my husband to pick us up, I do not drink very much and felt poorly, my friend got my husband to come into the pub to collect me and he finished my large glass of white wine, he was stopped on the way home (still in his work clothes) he had been to visit his mum (he is her carer as she is registered with Alzheimers, I am not even going to say he cant lose his licence because of her as I know that will not hold water) also the fact that our daughter is a Police Officer with this police force and is now not speaking with us. BUT what I am confused about is that his breath was 64 when I know the legal limit is 35 but I have no idea how on just one large glass of wine? I have done so so much research and I wonder if anyone else has come across this? Could it be that he had excersied and not eaten since 11am (this was 7pm). I would appreciate any advice and understand he is looking at a ban of between 17 and 22 months? Thank you so much


  2. #2
    Join Date
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    I represent people accused of road traffic offences all over England and Wales
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    Default Re: Confused

    Alcohol reacts differently with everybody and the level of alcohol in an individual's body after a large glass of wine can vary from one person to the next. In order for the alcohol level to reach 64g of alcohol per 100ml of breath then sufficient alcohol must firstly be consumed in order to get to that level. For someone of your husband's height, weight, age and gender it may be that a reading of 64g should never be reached after a relatively small amount of alcohol. The fact that he had exercised and not eaten will not inflate the amount of alcohol in his body but may impact on the rate at which it would be broken down. That would be for an expert to decide. The only way to challenge the reading would be to ask an expert to calculate the level of alcohol that should have been in your husband's breath at the time the test was given when taking into account his individual physical attributes; the alcohol ABV and measurements; and the timing of the consumption. If this is lower than the legal limit then this would potentially justify a more probing consideration of the reliability of the breathalyser device. This would again require expert input.

    It should be noted that there is a presumption in law that the device is reliable and the burden would be on your husband and his legal team to raise a doubt as to that reliability hence shifting the burden back to the prosecution. This is difficult to do and there would ordinarily have to be something wrong with the device on the face of the printout produced from the device to suggest there is something wrong with the machine.

    You should contact a solicitor to discuss your case in more detail before deciding to challenge the case on this basis.

  3. #3
    Mermaid is offline Member
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    Default Re: Confused

    Thank you

  4. #4
    Mermaid is offline Member
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    Default Re: Confused

    If at all possible I just have a couple more questions:

    If the reading was 64 mill I understand the ban is between 17 to 22 months - is there any leeway on this can they go below the 17 months or is it set?

    Are we able to get any statements from the Police etc prior to magistrates hearing?

    Thank you again in advance

  5. #5
    Join Date
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    Default Re: Confused

    The court usually stand by the sentencing guidelines unless there is an unusually compelling reason to depart form those guidelines due to particularly strong mitigation.

    It is often possible to obtain the Initial Details of the Prosecution Case in advance form the prosecution, however that would ordinarily be sent by way of secure email address. That is something a solicitor could do as part of any instructions and preparations ahead of hearing.

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