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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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i was arrested for drinking driving results where 57,, only

Customer Question

i was arrested for drinking driving results where 57,, only 1 police officer was present during the breathalyser. I was released after just over an hour and was able to drive my car back home with my partner present.. The drive back home was over a hour long
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

What would you like to know about this?
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

What is your specific quesiton please?
Customer: replied 4 years ago.

will i have a ban and where these correct procedures from the police department

Expert:  Jo C. replied 4 years ago.
Thanks for the information.

A conviction for drink driving leads to an automatic ban unfortunately. This is by Act of Parliament so there is nothing the court can do about it however unfair.

There are no specific defences arising from the procedure you describe. One police officer is all that is required to complete this procedure.

There is no defence arising from the delay in the use of a breathalyser. The only requirement is that its performed at least twenty minutes after the consumption of any alcohol.

You are perfectly free to drive home from a police station unless you are subject to any bans.

I'm sorry if this is bad news.

Hope this helps. Please let me know if you need more information.