Back Calculation

Convicted Driver Insurance

backcalc

New Member
My case is quite a complex one;

After a day of drinking from 1pm - 1am (total 9-10 drinks) spaced out as we were at a music festival and queues were heavy, me and my fiancée got into an argument. I left my friends house alone where we were staying to avoid waking them up. I had a cigarette and a walk to let things calm down. After a few mins she followed so I went in to the car to avoid waking his neighbours up

The argument eventually resulted in my fiancée running off out of the small estate and towards the main road. She was going through some very tough times at home at the time and had already banged her own head in frustration that night. I panicked and drove to find her knowing she wouldn't be far. She wasn't far so I talked her back into the car, she got in and I eventually came full circle back onto the state via the roundabouts and back where my car was originally parked

During the argument an eye witness reported to the police that I had abused my fiancée. This was later proved wrong. The police turned up to arrest me for the assault while we were in the car making up very distressed and upset. The arrest for assault really tipped us both over the edge. I was kind and polite with the police but the thought of ever hurting her broke my heart

Because of being arrested for something else I wasn't asked if I had drove the car until I was back at the station to which I said I had. More hours passed while I was in the cell and I was eventually breathalysed. I blew under (30). I then went on the black intoxicating machine (which was having difficulties loading) which blew 27. I eventually gave an interview for the assault which included my drink consumption. I answered as honestly and accurately as I could

I was cleared of the assault by CPS after 17 hours of being held and eventually released to be told I may or may not still be charged if the CPS decide to go ahead with the 'back-calculation' where they work out what I would have been at the time of driving

No officer saw me drive, I couldn't give an accurate account of exactly what time I drove, what time I stopped drinking, exactly how much I drank/Spilt, etc etc, yet it came through the post that my breath would have been 93 at the time of driving.

I find this quite hard to believe. I remember every motion, to the point of the whole argument with my fiancée and I explained this on my spoken interview with the officer

I guess in such a complex case - should I be pleading innocent or guilty? Shouldn't the estimation of 'breath' from hours and hours previous be an estimate? A range? X - Y? If anyone else has experience of this I'd be keen to hear about it
 
There is a strict process that should be followed when considering a back calculation argument and this needs to be based on definitive facts. If you gave your recollection and now later say you cant be sure it was accurate then that issue relates to one of credibility. A back calculation cannot be carried out without clear instructions so it appears that they had enough to go from. The result of the calculation would usually involve a range but would conclude with the most likely result. A definitive figure, based on accepted calculations, would be needed to issue a charge.

The only way to give clear advice regarding plea would be to investigate in more detail prior to the first hearing and hopefully with the benefit of initial prosecution papers. A forensic toxicologist instructed by your defence team would be almost certainly necessary. I would recommend engaging a specialist should you wish to investigate. You can contact a specialist on 03330093830.
 
There is a strict process that should be followed when considering a back calculation argument and this needs to be based on definitive facts. If you gave your recollection and now later say you cant be sure it was accurate then that issue relates to one of credibility. A back calculation cannot be carried out without clear instructions so it appears that they had enough to go from. The result of the calculation would usually involve a range but would conclude with the most likely result. A definitive figure, based on accepted calculations, would be needed to issue a charge.

The only way to give clear advice regarding plea would be to investigate in more detail prior to the first hearing and hopefully with the benefit of initial prosecution papers. A forensic toxicologist instructed by your defence team would be almost certainly necessary. I would recommend engaging a specialist should you wish to investigate. You can contact a specialist on 03330093830.

Thanks Sean. That echoes the last bit of good advice I received from the last Solicitor I spoke to so I think it would be worth running some sort of calculation myself to see if that is a true figure
 
There is a strict process that should be followed when considering a back calculation argument and this needs to be based on definitive facts. If you gave your recollection and now later say you cant be sure it was accurate then that issue relates to one of credibility. A back calculation cannot be carried out without clear instructions so it appears that they had enough to go from. The result of the calculation would usually involve a range but would conclude with the most likely result. A definitive figure, based on accepted calculations, would be needed to issue a charge.

The only way to give clear advice regarding plea would be to investigate in more detail prior to the first hearing and hopefully with the benefit of initial prosecution papers. A forensic toxicologist instructed by your defence team would be almost certainly necessary. I would recommend engaging a specialist should you wish to investigate. You can contact a specialist on 03330093830.

Hi Sean

The latest is we have all case files, evidence and my recorded interview back and according to my solicitor due to the admissions I have made I may not have a defence case. However, they give the range from the lab tests as 55-100+ of breath?? On the letter states a breath reading of 93..? Is 55-100 not a bit vague? Does the same still apply - get my own toxicologist? Also, if my own toxicologist proves it would have been considerably lower than 93 will I still be charged but at the lower reading or will be thrown out?

Apologies for so many questions
Thanks
 
At this stage it is very difficult to advise without sight of the file of papers and without reviewing the prosecution expert report. I would advice taking advice form your solicitor in relation to those questions. A range of readings could be part of the back calculation process with a most likely decided upon as being 93µg. This could be accurate.
 
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