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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience:  Over 5 years in practice
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I had two pints of lager yesterday then decided to drive home.. Within

Customer Question

I had two pints of lager yesterday then decided to drive home..
Within 1mile of my journey I had to sneeze..when A van camy along..
Because I could not keep my eyes opened, I hit the van.
He took some details down and left so I carried on with my broken car to me home.
2 hours later the police knocked on my door,and they came in. The asked some questions and said they were going to breathalise me.
I pointed out that since I had been home badly shaken that I had had 4 tins of beer and just started on 5th one. They did breath test and then arrested my to take me to stay in police cell overnight. They did 2 more breath tests and it come to 99.
I said that what I had drunk at home should not be put on the same sheet but they said it could. Is this correct please
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did they find the empty beer cans at your house?
Customer: replied 1 year ago.
Yes he took them with him
Customer: replied 1 year ago.
But should he have taken breath samples away from scene. After all I can drink in my own home.
Customer: replied 1 year ago.
What I meant is no police were called to scene of accident. They turned up couple of hours later
Expert:  Jo C. replied 1 year ago.
Yes, did the police fine the empty beer cans at your house?
Customer: replied 1 year ago.
Yes
Expert:  Jo C. replied 1 year ago.
Do they accept that?
Did they mention it in interview?
Customer: replied 1 year ago.
Don't know. I was asked if they took cans to which I said yes. Then nothing said after that.
Expert:  Jo C. replied 1 year ago.
On your primary point, they will just record your reading. They do not differentiate.
Whether they can prove that was your reading at the time of driving is another matter. They can do a bak calculations to ascertain what your alcohol level would have been at the time but they tend to be on the conservative side and they can't distinguish between the times of consumption easily.
They could rely on the evidence of the van driver if he is saying you appeared drunk at that time. However, it is not the strongest evidence.
If they found the beer cans at your house then that would be helpful.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Worst case scenario if possible please.
Customer: replied 1 year ago.
What do I need to do now? And what would I pay for someone to represent me
Expert:  Jo C. replied 1 year ago.
If this is a reading of 99 then you are facing a community order of a medium level, 23- 28 months ban, costs of £85, the court charge of £180 and the victim surcharge of roughly £60.

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