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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71154
Experience:  Over 5 years in practice
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On 20 Nov'15 I was followed down the service road by police

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On 20 Nov'15 I was followed down the service road by police officers. The officers that questioned me and gave me a breath test said that the result was “borderline” but said they want to take me to their station for another test. Both readings were 41 µg
Before taking the decision whether to plead guilty or not guilty I would be grateful if you could clarify the following:
Is the 1 year ban mandatory or does the judge have some leeway or discretion, and it may be possible that I could get away with Community Service and or a Fine but perhaps I could be spared a 1 year’s (or even 9 months) ban in view of the following:
1. 1st time over the limit - in 45 years of driving I have never failed a test.
2. Marginal reading over the limit – I was ONLY 1 µg over the limit = 41 microgrammes
3. Mitigating circumstances:
• on Feroglobin supplement,
• Food poisoning acquired in a recent business trip to Cuba, 
• not eating all day
all or some of which could have had the effect of causing a higher reading for the alcohol count in my blood.
I look forward to receiving your advice BY EMAIL at your earliest convenience.
Thank you & kind regards
Michael Donoghue
Thank you for your question. My name is ***** ***** I will try to help with this.
I'm afraid the ban is mandatory. Courts have no discretion whatever the mitigation. Anybody who is over the limit receives a ban save for very specialistic circumstances which don't apply here.
I'm very sorry but the only way to avoid the ban is to argue special reasons and that covers people who have only driven a few inches and other very limited circumstances.
Can I clarify anything for you?
Customer: replied 2 years ago.
OK thank you for your answer, is your fee that I paid £47.00 inclusive of VAT .. is so kindly email an invoice with your VAT number on it ..... thanks Michael
You will need to talk to customer services about that here***@******.*** but they can do something like that for you.
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