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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Have you ever used breath sample contamination due to the condition

Customer Question

have you ever used breath sample contamination due to the condition of reflux as a defense to drink driving and if so was it successful ?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I'm happy to help with your question today.
What was the reading and does the person in question have ore-exisiting medical conditions?
Customer: replied 1 year ago.

Reading 55

pre-existing "REFLUX" have been on specific medication for approx 3 years

Expert:  Alice H replied 1 year ago.
It's a defence that's been run in the past. You will need both medical and scientific evidence on the point that the reading is essentially a measure of stomach alcohol rather than from the lungs. The leading expert in this field was Professor Hugh Makin and, if you are planning run this is as defence, you will need to instruct him or a similar expert. If the medical and scientific evidence corroborates your defence then you certainly have a fighting chance of success.
Customer: replied 1 year ago.

Alice,

Thank you for your response. Are you able to quote case history where this defense was run. Cannot find contact details for Prof Makin. Does he work with GK Consultants ?

Regards

K

Expert:  Alice H replied 1 year ago.
Correct about GK.
I'm afraid I don't know of case law that will assist you. To find cases will involve research which is not possible within the scope of this Q&A session.

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