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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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Last night I was breathalysed 30 mins after I backed into a

Customer Question

Last night I was breathalysed 30 mins after I backed into a stationary car on the insistance of the owner of the other car. I registered at 40 microgrammes of alcohol. This then rose to 57 microgrammes when i reached the station and paper work had been done. Theoretically my driving down 2 small country lanes when I first got in my car may have been under the legal limit. .

I am an upstanding citizen . I have lead a life without breaking any laws even speeding fines. I run a business, where I am at numerous locations all day and work for myself, my business will take a massive cut, I am unable to take local transport, too rural and appointments all over the place.. The reason for backing into the other car was fog, no street lights, frosted rear screen, other car was black and I had to come out of a tight spot in a car park and look up and down road, negotiating fence to LHS and just didnt see. it. Other party would not accept to exchange documents, held me there til police were called and arrive. Have 90% no claims. Assume I wont get the damage on my car paid from insurers as over the limit. What sentence and fine am I likely to get? Anyway to get this reduced
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.
Usually you are given two readings at scene? What was the second?
Customer: replied 5 years ago.

No only l reading at the scene and then two readings on the alcoholmeter around 1 hour later at the station.

Expert:  Jo C. replied 5 years ago.
If the reading was 30 min after the collision then realistically the only way that you can be prosecuted is for the police to do a BAC calculation.

The BAC calculations are pretty accurate and they involve scientists effectively working out how much alcohol would have been in your bloodstream at the time of the accident.

There is at least a risk that they will conclude that you must have been over the limit since this seems to have been an increase at a time when you would not consumed any more.

It's very difficult to say what you are facing basically because we don't know what reading you will be sentenced on. However, proceeding on the basis that it is somewhere between 40 and 59 you are facing a band C fine and disqualification of between 12 to 16 months.

There will also be an order for costs and that some will depend upon whether you plead guilty or contest this. If you plead guilty it will be about £85. If you contest the matter then I'm afraid it could be up to £600.

You will also have to pay the victim surcharge but that is a fairly low amount.

The only way to get the ban period reduced is to do the drink-driving course which will shave one quarter off.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.