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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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I very silly popped to the shops about 1 mile away after having

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I very silly popped to the shops about 1 mile away after having a couple of vodka's. Having purchased my goods I then got into my car and didn't see a van which had just pulled up behind me. He called the police and I was taken to the police station where I was breathalysed with a reading of 93 at 5pm but at 12 I was 37. Would I beable to get off as I my reading dropped so considerably? Your help would be appreciated.

Sarah Marshall

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

A decline of this amount is not actually unusual over the course of 6 hours.

You can always challenge a breath test on procedure. Breath tests at the police station are usually carried out within a separate room in the custody suite though which is subject to contact audio and video recording so its not difficult to prove the way in which a test was conducted.

You can put them to proof upon the reliability of their device. You have to raise some prima facie evidence that the device was faulty and then they have to prove that it was not. The fact of a large decline over the course of several hours is not prima facie evidence though necessarily.

I'm very sorry but I have to give you realistic information.

Can I clarify anything for you?

Customer: replied 3 years ago.

Will I then loose my licence?

If you are convicted then a ban is mandatory I'm afraid.

If your reading was 93 in breath then I'm afraid you are facing a medium level community order with a range of a low order to a high. The ban is 23 - 28 months.

you can shave off one quarter by doing the drink driving course.

The only way to avoid a ban is to argue that special reasons arise and that is a high test.
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