'Failed' a field impairment test - but under the limit

Convicted Driver Insurance

bb6965

New Member
Hi There

I was stopped recently after a minor RTA. I had not been drinking that day and was fine, id drank the night before, but nothing too heavy. I was breathalysed at the scene and blew 22ug / 100ml - so well under the limit. I was arrested on suspicion of being unfit to drive and had do to a field impairment test. According to the officers i failed this test - although I am disputing this as i believe the test was unfair and the officers in opinion had already made there mind up at the scene that i was unfit to drive, and used the test to confirm there opinion/bias. I am due in court soon and intend to plead not guilty.

My question is - am i within my rights to challenge this ridiculous field impairment test? I am in my 50s, i was very nervous during the test and had some physical issues performing some of the tests - the officers did not take any of this into account. I did the test to the best of my ability. Ive since tried repeating some of the test steps and struggle even now with them - surely this test is not a fair reflection on somebodies ability to drive?

Any advice would be welcome!

Thanks
 
The answer to your question is yes, you could challenge this, however the downside is that if you are doing it yourself this is a very complex area of law and will not be simple to defend. This is something a decent road traffic specialist could defend for you, but if you are going to attempt it yourself you need to read up on all the law around this type of offence because the prosecutors are very experienced in these matters.
 
Thanks for the advice Martin - I will bear that in mind.
Ive never been in this situation before so its all a bit scary at the moment!
Cheers
 
Thanks Martin, weve now received the footage of the field impairment test and I have had a specialist motor solicitors look over it - he has stated in his professional opinion there is NOTHING in the footage which suggests impairment through alcohol - this is what ive always known but it was vary reassuring to hear that. I will be pleading not guilty at the upcoming hearing. Obviously its early days but I feel a lot more reassured now - the officers report just does not stack up against the video evidence. Hopefully the courts will agree. Thanks again!
 
Martin Hammond said:
No problem.
Click to expand...
Cheers. I've never had any real dealings with the police before but have always thought of them as being fair Im not so sure now - it seemed to me they had already made their mind up at the scene and used the test to confirm that biased opinion, rather than going with the facts. I've got to wait about 4 months now for the trial I believe, however my solicitor said he's going to request the footage be reviewed by the crown(?) before that so hoping they'll see how weak this evidence is and hopefully reconsider the prosections case. I'll let you know how it goes.
 Cheers
 
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