error at police breathier ?

[craigjones34]

Hello ..
On the 23rd of July i was arrested for driving under the influence of alcohol.
I was taken to the police station and i gave 2 Breath specimens. The first read 053 and the second read 051.
At the present time i am attending a drivers rehabilitation course to decrease my ban from 16 months to 12 months.
When the tutor seen my 'Breath Alcohol test record' he informed me that the machine was not calibrated at the correct level. The simulator check was 034 opposed to the 035 that it should have been. He also stated that if my solicitor had seen this, this case would have been cancelled and i wouldn't have appreared at the magistrates because the breathalyser machine was inaccurately calibrated at the wrong level to begin with prior to been breathalised.
Please can you you give me any guidance or advice if this may be

Kind regards
Craig

 

[price1367]

Unfortunately your tutor is wrong. The normal calibration is 35 but there is a range at that point which is acceptable, which is plus or minus 2, so a calibration of 33 to 37 is within parameters. The case would certainly not be cancelled as there is nothing wrong with 34.
What happens is that the machine draws in gas from a bottle that contains a known amount of ethanol, which should produce a reading of 35. This can vary according to various factors including temperature and barometric pressure. If the reading is outside that range the machine displays High or Low Abort, and does not work. It also does the same test at the ends the process after your second sample, to check that it has not gone out of range during you samples being provided. This is self calibration. You also see a series of zeros between these calibrations and your 2 breath samples, this is the machinery resetting itself to ensure that there is no carry over from the previous sample. Again if these are not zeros, the machine stops.
Can I ask who the Course Provider is? as information like this, which can cause confusion and indeed anger, should not be given. Send me a PM if you do not want to say in public.

 

[price1367]

I am replying to a thread you posted in the ask a solicitor part of the forum here, as only the solicitor there:
you said:

"As previously stated I am on a drink and driving course so it will enable me to reduce by ban from 14 to 12 months, and as a matter of fact it's very enjoying.
But my query is - my tutour insists that even though I have to declare my offence to my future insurance company, it would NOT affect my 15years no claims" although I was at fault and my points AINT protected cause It was a drunk and driving accident. He also stated that they, in worse scenario they may take 2-3 years off my 15 years build up of no claims.
I just cannot seem to realises this as I made a claim so I'm kind of confused as the tutor seems very well knowledgable about his facts.
Please can anyone shed some light on this , much appreciated
Craig "

You say your tutor seems very knowledgable about his facts...... Did you have the same tutor who told you wrongly about the calibration of the breath test machine? because he seems to be wrong again.
It is right to say that a drink drive conviction has to be disclosed to an insurance company - for 5 years. It is right to say that a drink drive conviction does not affect your no claims bonus, but only insofar as you have not made a claim. You say in your case you got caught for drink driving following an accident, and there WAS a claim. Why should this be any different to if you had an accident, without drink driving, and you made a claim? If you had an accident and made a claim, you would lose some or all of your no claims, as Sean says, according to what your policy says on protection.
Your added problem will be, as you got a drink driving conviction after the accident, that your insurance company will probably not pay out for your car, even if you have comprehensive insurance, and the insurance company may come after you for the 3rd party costs that they paid out. - check your policy to see what it says about coverage if you were found to be over the limit, this affects quite a few insurance companies, noteably ones in the Admiral Group.