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Thread: Advice needed on second offence

  1. #1
    Mvb32 is offline New Member
    Join Date
    Dec 2016
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    Default Advice needed on second offence

    Hi, I really need some advice.
    i was pulled over on Sunday and blew positive at the roadside, I was taken to the police station and blew 44 on both attempts. I was told by the PC that breathalized me that I would be offered a blood test as I was under 48 micrograms but the sergeant at the desk said this was no longer an option. This would be my second offence in 10 years so would really like some help on wether I should have been given the option of blood.
    Many thanks for any help


  2. #2
    Join Date
    Nov 2008
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    I represent people accused of road traffic offences all over England and Wales
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    Default Re: Advice needed on second offence

    Convicted Driver Insurance Quotes
    Quote Originally Posted by Mvb32 View Post
    Hi, I really need some advice.
    i was pulled over on Sunday and blew positive at the roadside, I was taken to the police station and blew 44 on both attempts. I was told by the PC that breathalized me that I would be offered a blood test as I was under 48 micrograms but the sergeant at the desk said this was no longer an option. This would be my second offence in 10 years so would really like some help on wether I should have been given the option of blood.
    Many thanks for any help
    The option to replace your specimen of breath with one of blood has not been offered since 10 April 2015. Prior to that, this 'statutory option' was offered to drivers who produced a result above the accepted prosecutable level of 40 microgams per 100 millilitres of breath but no more than 50 microgams per 100 millilitres of breath. The fact that this officer has offered this raises some concerns about the officer's understanding of the law given that this option has not been in place for almost 2 years. That may be a sign that other, more important procedural matters have been misunderstood or overlooked. There are other technical defences available in this type of case, possibly arising from an incorrect interpretation by the officer of the statutory procedure, that could lead to your acquittal. You should contact a specialist to discuss the potential defences.

    In your case, should you plead guilty, you will be given a minimum disqualification of 3 years given that this would be your second conviction of this type in the last 10 years.

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