got pulled

[hdphil]

I got pulled over by the cops saying i jumped a red light, they tested me and took me to the staition
blew 41 then 40, the desk sargent said i could go as it was to low,and it would only go lower, gave me a form with court dates , 20th june, then the 2 arresting officers took me back to my bike so i could take it home
is that right? am I looking at a ban, as the desk sargent said i wouldn`t get a ban for a reading of 40ml
I haven`t got a clue

 

[hdphil]

ps; i was not offrered a blood or urine test, just relised straight away after the test in the station

 

[price1367]

35 is the legal limit. Up to 39 you get a warning and no further action.
40 or above is a court appearance and a mandatory ban of at least 12 months. For 40 it can be 12-16 months, according to the circumstances. If the red light is mentioned in the evidence given to the court it could lift the ban above 12 months, because of this being an 'aggravating circumstance'.
You can reduce the length of the ban by up to 25% if you agree to attend a drink drive rehabilitation course during your ban.
there will also be a fine, based on your income and costs to pay.
Since April last year you are not offered a blood or urine test if you blow between 40 and 50, the breath test is all the evidence that is needed.

 

[hdphil]

so why did they release me and allow me to ride my motorcycle home?
and my reading was bang on 40ml

 

[price1367]

Bang on 40 is a level for prosecution, 35-39 is a warning. There were 2 people on my drink drive course this week with a reading of 40, there has to be a cut of point somewhere.
As to why they let you drive home, I use every available opportunity to moan directly to police about this. It seems that once they have the arrest, their interest ceases. I point out that if they were seriously interested in public safety they should not let a person go until they have blown under the legal limit, or they are satisfied that you would not drive whilst still over the limit. In your circumstances if you had subsequently ridden over my daughter, I would have sued you, and also the police officers who knowingly took you back to your vehicle and allowed you do drive off.