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Wrong charge

Jaytrowell

Member
Hello I recently got my verdict from drink driving how ever I have been convicted of blowing 88 which I blew at the road side. Back at the station I blew 83 my duty solicitor said this is what I would be done for so I thought nothing of it till I received a letter from the dvla saying I have to do a medical because I’m a high risk offender over 87.5. So my question is can they use the road side breath test
 
The Court or Prosecution cannot rely on the roadside breath sample for a drink driving charge, it must be the lowest reading provided at the police station on the evidential breathalyser machine.

You can potentially make an application to the magistrates’ court to reopen the matter to correct this if an error has been made but this would need to be done as soon as possible. It is likely you will also need to get a copy of the charge sheet and prosecution papers from the duty solicitor. I would advise seeking more specific advice before taking any action.
 
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