Over the limit

Convicted Driver Insurance

Apple

New Member
I was stopped by police at 1:40am. After hesitation at an island, asking my mate which was best way to drop him of. They followed me for around 500yds pulled me over asked if I had been drinking, I had, they breathalysed me and it was 40 they took me in I had had 3 pints. At the station I blew 37 they kept me there 2hrs then dropped me home I asked them to test me again and I blew 33 I asked if I could fetch my car they said yes. I have court and they are using 37 as my reading it’s my first affence any idea what I might get ie Ban,fine points etc
 
Apple said:
I was stopped by police at 1:40am. After hesitation at an island, asking my mate which was best way to drop him of. They followed me for around 500yds pulled me over asked if I had been drinking, I had, they breathalysed me and it was 40 they took me in I had had 3 pints. At the station I blew 37 they kept me there 2hrs then dropped me home I asked them to test me again and I blew 33 I asked if I could fetch my car they said yes. I have court and they are using 37 as my reading it’s my first affence any idea what I might get ie Ban,fine points etc
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Where in the UK are you? Unusual for them to pursue if the evidential reading is below 40 despite the legal limit being 35 in England/Wales.
 
Apple said:
Birmingham. But I was stopped by West Mercia Police as live on the boarder.
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As I say it's unusual for them to charge if the reading is below 40, they will generally give you a bollocking and explain that you are very lucky but they are not charging - see this link for CPS charging guidelines.

If they have charged you and are prosecuting, as you are at the lowest end of the charging scale, you are likely to be banned for 12 months with 3 months off if you ask for the drink/drive course. You will likely get a fine and court costs also depending on your income.
 
Thanks for your help. Few people have said because it was 2 youngsters (19yrs) at 1.40am. Not driving erratic just waited too long at island before i turned, and WM Police known for stopping youngsters. I know to have 3 pints was wrong. Just gotta wait now till Tuesday.
Thanks again.
 
BigTom said:
As I say it's unusual for them to charge if the reading is below 40, they will generally give you a bollocking and explain that you are very lucky but they are not charging - see this link for CPS charging guidelines.

If they have charged you and are prosecuting, as you are at the lowest end of the charging scale, you are likely to be banned for 12 months with 3 months off if you ask for the drink/drive course. You will likely get a fine and court costs also depending on your income.
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Big Tom

I attended my drink driving course with a lady who had been prosecuted at 39 by Cheshire Police. She did say she was nicked by a traffic cop the morning after the night before, so I reckon she must have been very unlucky or the police officer concerned was determined to get his pound of flesh.

CJ
 
Edit: Comment removed due to incorrect information. Cheer BigTom. I guess my mate just got really unlucky, either that or he's lied to me - equally possible I guess. I never saw the readings.

Edit: I know this about Derbyshire as my mate was breathaylsed in Chesterfield and blew 40 at the roadside. When they put him on the lion intoxalyser he blew 35 and 37. He was banned for 12 months.
 
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Oh and the stupid idiot refused a blood test. I could have slapped him silly when he told me he'd refused after they'd offered him the option of giving a blood sample. This was after I'd been banned first time around, and told him that I was offered a blood test and I'd said no when I should have agreed to doing it.
 
Xeronema said:
West Midlands Police charge at 40+ (including 40, of course), whereas West Mercia Police will have you for anything over 34. Derbyshire Police are another force that stick religiously to 35 and over too. You just got really unlucky mate.
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Not actually true - as I said - look at the CPS charging guidelines. They will not usually charge at below 40;

Charging Practice – level of alcohol​

In most cases of drink/driving, there will be scientific and/or medical evidence to show that the driver has exceeded the prescribed limit. In such cases, a charge under section 5 RTA 1988 will be proper. Although the prescribed breath alcohol limit is 35 micrograms, a driver will not be prosecuted under section 5 RTA 1988 with a breath alcohol level of less than 40 micrograms. This is in accordance with the guidelines contained in Home Office Circular 46/1983. That level will usually be taken as that recorded by an evidential breath testing machine or by analysis of a blood/urine sample. However, it may be the level as determined by back calculations.

This is not saying they won't, they will and do!!! It is a CPS guidance on section 5, however if you are charged under a different section then they have leeway.
 
Well I've edited my post, so that it doesn't worry anyone for any reason. My mate either lied to me or he got extremely unlucky.
 
Xeronema said:
Edit: Comment removed due to incorrect information. Cheer BigTom. I guess my mate just got really unlucky, either that or he's lied to me - equally possible I guess. I never saw the readings.

Edit: I know this about Derbyshire as my mate was breathaylsed in Chesterfield and blew 40 at the roadside. When they put him on the lion intoxalyser he blew 35 and 37. He was banned for 12 months.
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He shouldn't have been. They should have taken the lowest reading (35), which means he was not over the limit.

Maybe the OP has a case to challenge the prosecution? Maybe post in the Lawyer section and see what Martin Hammond says?
 
Hobgoblin said:
He shouldn't have been. They should have taken the lowest reading (35), which means he was not over the limit.
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I've 'had it out' with him over this. He said he can't remember what his reading was. When I challenged him about it he said that he must have 'gotten it wrong'. The thing is, I haven't forgotten what my readings were when I got arrested, or the blood reading that didn't come through till a few weeks after I was arrested, the second time around. He's not one to forget something like that, so I've come to the conclusion that he was just making it up to get some sympathy out of me.
 
The police told me at the station they wouldn't prosecute unless 40 or above, plus the police shows on TV have said the same to potential drink drivers on camera. I have heard they are more strict in Scotland and possibly Ireland, but at 37 you were very unlucky.
 
jamesbrown1 said:
The police told me at the station they wouldn't prosecute unless 40 or above, plus the police shows on TV have said the same to potential drink drivers on camera. I have heard they are more strict in Scotland and possibly Ireland, but at 37 you were very unlucky.
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Well in Scotland the limit is 22mcg of alcohol in 100ml of breath, so you'd be well boned in Scotland. I don't know if they have a similar system there as they do in England (35 but won't charge under 40). It would be interesting to know.
 
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