Court Sentencing - Highest reading used

[AJC37]

Hello,

I was recently charged with driving a motor vehicle when alcohol level above limit. I have been to court and had my sentencing. My sentence was passed on the basis that my reading was 92, however, this was my highest reading. My lowest was 87. Should they be using the lowest reading?

 

[SeanJoyceStephensons]

Hello,

I was recently charged with driving a motor vehicle when alcohol level above limit. I have been to court and had my sentencing. My sentence was passed on the basis that my reading was 92, however, this was my highest reading. My lowest was 87. Should they be using the lowest reading?

You should be sentenced on the basis of the lower reading. That can be checked by considering the printout you should have been given at the police station. a reading of 92 is in the next sentencing bracket up to one of 87 and would mean a potential difference in the penalty imposed. You should speak to a specialist about a potential appeal if you are within 21 days of the decision being made. You can contact a solicitor on 0333 009 3821..