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Advice needed

#1
Hi

I'm looking for some advice. Yesterday evening I'd had 2 glasses of wine. I did not believe I was above the limit when I popped out to get milk from Tesco. I was pulled over and tested - it came out positive. I was taken to the station where I had 2 breath tests - which came out at 47. I understand that this technically places me above the 40 maximum. However, I did not believe I was over the limit and I asked if there was any other tests that I could do. I was told no. Never having been in this position before I went along with everything they told me. As the readings have come back positive, I am assuming I need to plead guilty and hope for a small ban and hopefully an awareness course to reduce that. But I have read on line that if you are between 40-50 you can request a urine sample and this was not offered. Can you advise on what I should do?
Thanks
 
#2
Unfortunately whether you believe that you were under the limit or not will not be relevant to the prosecution. If the breathalyser tests have come back as over the limit then this will be deemed to be accurate unless you can demonstrate that it was not working correctly.

Unfortunately, as of the 10th April the police are no longer required to offer a blood or urine specimen for readings of 50 or below in breath. Now they will simply rely on the breathalyser readings as being sufficient to prove their case, so no technical defence can be put forward on this basis.

The Magistrates sentencing guidelines advise the imposition of a 12-16 month disqualification and a fine for a reading of 47 in breath. If you are looking to plead guilty then presenting mitigation is the best way forward. This can be based both on the circumstances of the offence itself, as well as your own personal circumstances and how and disqualification will affect you. You can also present character references to the Court in support of your mitigation.
 
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