Charge Sheet Breath Result

Convicted Driver Insurance

Stressed777

New Member
Hi,
I was charged with a 72 breath test and bailed for court, on my arrival and speaking to the duty solicitor the prosecution had a higher reading and I’m now being convicted at 120. Is it right that the charge I was summoned to court got was not the same as the one they are sentencing me for now. The solicitor advised me to go guilty and I knew it was my word (the guilty) against the evidence of the machine reading they had. I don’t dispute the evidence as it was a first time offence and the only reading I wanted was the one they released me on. Can anyone advise if there was something more that could have been done, I was never prepared to hear it would be a possible custodial.
 
It should not have been ”just my word”.... that you were charged with 72.
When you are charged you are given a charge sheet with the wording of the offence that would have the alleged reading on it. Did that say 72? If so, was an application made in court to have the charge amended?
The prosecutor would have been in possession of the MGDDA form that contained the print out from the breath test machine. He would need to quote from that to have the charge amended. What did that say your reading was? Did your solicitor ask to see the print out before advising you to accept the amended charge?
 
It should not have been ”just my word”.... that you were charged with 72.
When you are charged you are given a charge sheet with the wording of the offence that would have the alleged reading on it. Did that say 72? If so, was an application made in court to have the charge amended?
The prosecutor would have been in possession of the MGDDA form that contained the print out from the breath test machine. He would need to quote from that to have the charge amended. What did that say your reading was? Did your solicitor ask to see the print out before advising you to accept the amended charge?
Hi, can’t sleep deliberating over this hence the late/early reply...
The solicitor told me on our first meet with him that there was conflicting reports to the charge between the prosecution report and the charge sheet which inevitably changes the severity of how they adjudicate this. My solicitor was shown the signed reading at 120 and advised to accept this as I would have to plead not guilty to it, I was guilty and my intention was just to get a line drawn under it but I was charged with 72, im just questioning if anything could be addressed as I would 100 percent have accepted other legal rep than the duty
 
It should not have been ”just my word”.... that you were charged with 72.
When you are charged you are given a charge sheet with the wording of the offence that would have the alleged reading on it. Did that say 72? If so, was an application made in court to have the charge amended?
The prosecutor would have been in possession of the MGDDA form that contained the print out from the breath test machine. He would need to quote from that to have the charge amended. What did that say your reading was? Did your solicitor ask to see the print out before advising you to accept the amended charge?
Sorry, I’m answer to your question - the charge sheet says 72, im not sure if any application to amend was made, I just know they had a machine reading and that was what the prosecution wanted to go with. I could have been a whole lot more prepared if the Reading on the charge sheet given a month ago on release from the station was what the court appearance was going to consider
 
If it was a simple error on the charge sheet that they put 72, and it was amended to 120 on the basis of that being the lower reading on the breath test print out that you and the officer conducting the test signed then there is nothing wrong with that being done because that clearly was your breath sample. I appreciate that is was annoying and it put you in a different sentencing bracket that you had not anticipated but 120 was the correct reading.
 
If it was a simple error on the charge sheet that they put 72, and it was amended to 120 on the basis of that being the lower reading on the breath test print out that you and the officer conducting the test signed then there is nothing wrong with that being done because that clearly was your breath sample. I appreciate that is was annoying and it put you in a different sentencing bracket that you had not anticipated but 120 was the correct reading.
Thank you, the thing is I did blow 72 aswell but on another reading, one that was carried out later. I know it’s an error with the charge sheet but both my self as a defendant and the prosecution entered the court room with two completely different details of what charge I was put forward for. The initial 120 reading was taken by a training officer under supervision, could this be a factor in the recordingS they used for my charge And that this reading wasn’t correctly logged before I was bailed
 
The reading of 72 before you were released would not have been signed, and there would only be one reading rather than two as he machine would be set to do a simple test, not an evidential one so I am surprised that someone mixed them up when you were charged, but the fact that it was an officer in training would have had no effect on the actual reading.the officer sets the machine up, but once it is running, it performs a self test at the beginning and end of the procedure and records them. It also records both your breath test readings and compares the two to check that they are (almost) the same - there is a bit of leeward allowed.
This is all automatic and the operator can have no influence over the process,
 
The reading of 72 before you were released would not have been signed, and there would only be one reading rather than two as he machine would be set to do a simple test, not an evidential one so I am surprised that someone mixed them up when you were charged, but the fact that it was an officer in training would have had no effect on the actual reading.the officer sets the machine up, but once it is running, it performs a self test at the beginning and end of the procedure and records them. It also records both your breath test readings and compares the two to check that they are (almost) the same - there is a bit of leeward allowed.
This is all automatic and the operator can have no influence over the process,
I understand, I’m just baffled that the charge I was bailed to court for wasn’t used - even the custody sergeant read my rights and the charge of the 72 reading, all in all I prepared for that charge. I’m now deliberating seeking legal advice away from the duty solicitor that was there yesterday, I need the best representative to mitigate the least outcome possible.
 
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