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3 times over the limit


Well-known member

I was arrested last Wed at 10pm for drink driving.

I didn't have a roadside breath test ... straight to the cells and then a breath test on a Camic Datamaster about 1/2 an hour later. The result was 104mg of alcohol in 100ml breath.

I've got a couple of queries as to the accuracy of this and whether police have followed corrct procedures.

1) I had had 8 pints of Shandy, across about 4 hours of drinking (so four pints spread accross a fair amount of time). It seems unrealistic that this would elucidate such a high breath alcohol. Immediately before being breatalysed, I had been vomiting violently (stupid I know, but I made myself sick because I thought if I was slightly over the limit then I might be able to reduce the alcohol in my system). I have since read that, to the contrary, this can lead to residual mouth alcohol which would, in turn, lead to an elevated reading.

2) The time on the camic datamaster printout is 9.45pm. I didn't leave the pub till gone 10 and tyhe slip is not signed by me.

3) On my release I was given a copy of the charge sheet, and a general infomation sheet. Does this constitute the custody report? I went to the police station earlier expecting a full log of what time I was brought in, what time I was breathalysed, health and safety information, personal propert etc etc etc but was told such a thing does not exist / that I had no access to any info other than the charge sheet.

Is this correct?
If mouth alcohol has been recorded on the print out then this may have invalidated the reading, which would have meant that the police should have considered taking blood or urine from you. We have won cases on this basis before.

The print out time discrepancy will not succeed at Court as it will be in GMT as opposed to BST. Case law has closed this argument off many years ago.

If you wanted us to look at all of the evidence in your case prior to you deciding whether or not you wanted to plead guilty or not guilty we would do so as part of a fixed fee service. You would then know exactly where you stand.