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BAC Calculation breathe only @91 hipflask defense awaiting decision help

#1
Hi need some advice as worried sick. Wednesday evening prior to Christmas I was collecting my 10 year old and his friend from a local Cub group. Close to where the other 10 year old lives I was involved in a very minor RTC no damage to my vehicle and certainly no injuries.

I made sure the two kids were fine and got the friend to his house prior to dealing with the other vehicle. I gave them my details and their behavior concerned me, the TP also said they could smell alcohol and they also said they're calling the police, as I had given them my details (including address) and as I also had my 10 year old with me, I didn't feel comfortable waiting and I was in shock given the fact I had two kids with me and been involved in this minor RTC.

I then took my lad home which is literally a minuet around the corner. I very stupidly then in hindsight downed nearly 3 liters of 7.5% cider to calm me down, on an empty stomach.

Apparently 8 minuets later the police arrived at my home, asked if I've had a drink within last 20 minuets to which of course I said yes so we waited 20 or 30 minuets and was bretherlized and of course failed. I was then arrested taken to station and gave a breathe reading of 91 and 95 within the space of a minuet or so apart. I was detained overnight and interviewed with the presences of duty solicitor and gave my account.

I don't believe they believe me and the arresting officer implied I was already under the influence when he arrived at my house. I have been released under investigation and apparently they are looking to do a BAC calculation. Having never been in this situation before I am obviously quite worried and from researching I understand if CPS decide to prosecute I'm facing a ban of 23-28 months plus community services although I'm only just in the third sentencing bracket but I guess there is aggravating factors? - involved in an RTC (albeit very minor) and children/passengers on board.

I also now understand the burden of proof, based on a balance of probability (greater than 51%) rather than beyond reasonable doubt is on me to show I wasn't drunk at the time.?

At time of arrest I had the bottle next to me and this was taken as "evidence" although not put in a bag or anything. As only one breathe test was conducted giving the two readings of 91 and 95 respectively, approximately an hour and half after being arrested and two hours after driving (
no time shown on the printout I have - is this a technical defense?
) and from the BAC calculations I've done, the reading appears to be about six units short, although I did state at interview the bottle wasn't quite full and the reading appears to be increasing 4 ug in a few minuets? I also did pee once prior to taking the evidential breathe test, no other samples taken.

Prior to collecting the boys from cubs I had been working from home saw my family and left around 18:30/19:00 to do some shopping at local supermarket and left at around 8pm till receipt to prove this and then drove the short few miles to collect kids from cubs at 8:30pm incident happened about 8:45pm.

Whilst I'm waiting to hear back was told may get a summons through the post, is there anything I should be doing to help my case or wait and see?

If CPS decide there is a case to answer, what are my chances? I know it looks bad - The TP statement stating smelt of alcohol 9part of reason why I also left is they were filming me too) and arresting officer stating I was under the influence very shortly after the incident as well as drinking a large volume in a short space of time, with no witnesses, toxicological possibly show reading is low and the onus being on me to prove I hadn't been drinking prior to driving...

OTOH in my defense - arrested at home not at road side, next to the alleged bottle of alcohol I had just consumed, only breathe taken approx an hour and half, two hours after alleged post incidental drink and shown to be rising. I'm nt been charged with failing to stop or give details or any other driving offence, as I did indeed stop give my particulars and as no injuries left.

I work as an NVQ assessor and so need to drive (
on my own insurance
) and if convicted I will lose my employment when I haven't done anything wrong. I'm also concerned that as I have previously discussed with my GP my binge drinking habits both prior and post incident whether they will now write to the DVLA anyway and look to revoke licence on medical grounds, although I have had blood test done approx six to 12 months ago which came back as normal.
 
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#2
You have a good general grasp of the issues involved in a case like yours. You can instruct your own expert to prepare a back calculation and this would be the basis of the evidence used in your hipflask defence, if favourable. On its own this would be insufficient, however, and you will need to think about any other evidence you can draw upon to assist with the credibility of your argument. It may be that you can speak to someone you may have come across at the Cub group or anyone else who could comment on your demeanour immediately before you were stopped.

In the event that your GP contacts the DVLA they will need to be satisfied that you have persistently misused alcohol or have been dependent on alcohol in order to revoke your licence. If they take that view then you can dispute the decision by providing evidence to the contrary by way of stable blood test results, for example. In the event that your licence is revoked there will be different requirements depending on how you have been categorised.

It may be at this stage that there is nothing to do other than wait until the police return to you with their decision but you could contact a specialist to discuss your case in detail in the meantime.
 
#3
Thanks Sean. As I say I'm unsure how useful the BAC calculation is going to be, the duty solicitor seemed to think it seemed about right, I think it's going to come up short, but having only had the one breath test (two samples taken in a very short space of time and the second sample was higher than the first indicating rising) I've seen other examples where additional readings were taken several hours after the first.
I'm concerned about the length of time passed due to Christmas break nor do I want put people out asking for statements likewise shop assistant who served me, but again they're under no obligation and doubtful they'll remember, again given passing of time.
I originally assumed the onus was on the police to prove beyond reasonable doubt that I was in fact drink driving. Obviously this isn't correct in this situation - it's for me to show on basis of probability, but I'm not sure how this works in practice? Who judges/assessors the likelihood the magistrates if charged?

As my printout of the breath test doesn't show the time would this be sufficient to amount to a technical defence? Likewise, I understand an MDDA? form should of been completed with me to send to the toxicologist, whilst I was asked in interview about my weight (which I said I didn't know) food intake amount drank and medicine taken in the day, I physically haven't completed or signed a formagain would this help to also mount a technical defence along with the hipflask?

I did call and was provided a quote for legal representation for both guilt and not guilty pleas, obviously if it did go further I need to consider the prospect and whether my legal policy would cover the defence costs. Likewise I was under the impression that if found not guilty my fees would be reimburse from a central pot - is this not the case?
 
#4
Sorry also forgot to ask if filmed on mobile phone camera and is unfavorable is it admissible as evidence and vice-versa if it was favorable would my defence have to be given it, or could they simply not disclose it?

At interview, apparently the arresting officer recalls seeing my vehicle as he attended the scene and me driving home, I assume then, this be in my favor? As if I was drink driving surly the officer would have stopped me, as no doubt they would of have had a description of my vehicle and likewise would have stated how I was driving?
 
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