First Offence - Blew 47 - Not offered Road side Test

Convicted Driver Insurance

Simonmcdonnell

New Member
Hi, Wondered if you can help me decide if I should defend this. I consumed a drink and immediately after as I deemed the alcohol not to have been absorbed decided to drive my car across the road with the intention of resting when my sat-nav took me the wrong way and the police pulled me over.

They asked me if I had been drinking and I said I literally just consumed some alcohol. They arrested me under the suspicion of drink driving.

I asked numerous times for a road side breath test and they refused. It is my belief that I was not over the limit at the time of arrest.

I blew a 47 at the station a good hour or so after.

My question is that do I have a defence as I genuinely believe I was not over the limit and was not going to be driving any further as was just pulling up.

I do not know why they would not offer me the road side test as i asked several times.

I have no previous, no points and no other convictions.
 
Section 15 (2) of Road Traffic Offenders Act 1988 states:

"Evidence of the proportion of alcohol or any drug in a specimen of breath, blood or urine provided by or taken from the accused shall, in all cases, be taken into account and, subject to subsection (3) below, it shall be assumed that the proportion of alcohol in the accused’s breath, blood or urine at the time of the alleged offence was not less than in the specimen"

This means that the level of alcohol in the breath specimen is taken to be the level at the time of the incident of driving. This presumption can be rebutted if it is established that alcohol has been consumed after driving and before the test but given that you have not consumed alcohol after the incident of driving there is no scope to defend on those grounds. The assumption outlined above will apply. The roadside test is not evidential and is used as a screening process.

This sort of offence is considered a 'strict liability' offence meaning that there does not need be a clear intention by you to drive whilst over the limit. The action itself is enough for the offence to be made out.
 
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