Peace of Mind

Convicted Driver Insurance

the shame

New Member
Mr Joyce,

I blew 58 on a breathalyzer the morning after, after an RTA on 29/11/09. No other vehicles were involved or damaged and I got out of the car unhurt and proceeded to direct the traffic around the incident. Paramedics and Police arrived and I was subsequently put onto a spinal board for precaution as the vehicle had rolled over. I was then breathalyzed in the ambulance, failed it, and taken to the hospital for a check up. I was held under police guard due to the high reading from the breathalyzer and then had to wait for a Police Doctor to take a blood sample. I sent my blood vile to be assessed privately at a cost (£90) and it came back with a result of 82. I understand the Police blood test maybe different but not significantly from the private one and also that a result over 80 means I am likely/could be prosecuted. Is this definitely the case, or am I going to ''get away with it'' for want of a better phrase? A ban and criminal record may have implications with a job prospect I have in 2010.

I was informed by the charging officer that the Police blood test results could take upto 8 weeks. Is it possible/recommended/wise to use the private results if it will speed up the procedure rather than leave things in thin air?

I am 24 year old male, no previous convictions, have a clean licence, have been driving since I was 17 and fully cooperated with the Police.

I hope you can help me out and look forward to hearing from you.

The Shame
 
Hi,

i sent my blood for independent analysis and mine came back at 119. The police results came back at 112.

Your test will not be used, only the sample the police have will be used.

hth in some way.
 
The legal limit in blood is 80mg of alcohol in 100ml of blood. If the police analysis exceeds this limit then there is little doubt that you will be charged. Your own analysis was only marginally over the limit and it's possible that the police sample may not be. You have no alternative but to wait for the police analysis to come back in any event as the police would not rely on yours. Whether there are any grounds to challenge the case will depend on the evidence. If you would like specific advice then please contact us
 
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Thanks very much for the quick reply Sean. Obviously now I will have to play their waiting game. Would I still be required to pay a fine seems as the breathalyzer test was failed?

Thanks again,

The Shame
 
No. The blood sample replaced any breath sample. The breath sample will now be ignored and everything hinges on the result of the blood test alone
 
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