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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71038
Experience:  Over 5 years in practice.
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I returned from a ban in January for drink driving, I havent

Customer Question

I returned from a ban in January for drink driving, I haven't had a drink for 6 months I was accepted on a government course setting up my own business after loosing my job and being depressed about my previous ban. I had 2 cans of beer to celebrate ordering my new business cards and are due to start trading at the end of may. I drove to the supermarket less than a mile from my home, on the way back I was stopped less than 500 meters from my house by an officer who called me by my first name and asked if i was banned from driving, I explained that I had served my ban, he asked for my lisence and went to his car, came back and asked if i had been drinking, i said that I had a couple of beers to celebrate, he went back to his car again and came back to me stating that he was going to Breathalyzer me, I got out the car and he told me he was waiting for someone to bring him a breathalysing kit as he didn't have one. after about 20 minutes another police car turned up I was Breathalyzed and blew 51, he took me to the police station another 20 minutes away and after approx 2 hours I blew 61 into the machine. I feel very bitter as I have done the drink drive awareness course and thought I would be ok to drive, but I feel at the nature of the stop I was targeted from my number plate. Is this allowed.
Submitted: 4 years ago.
Category: Traffic Law
Expert:  Jo C. replied 4 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Why do you believe you have been targeted?
Customer: replied 4 years ago.

Because the police car came around a roundabout and immediately turned on his blue lights, it's not as if I was followed for more than 50 Yards.

Expert:  Jo C. replied 4 years ago.
I am sorry but its bad news.

If you give me 10 mins I will type out an answer for you.
Customer: replied 4 years ago.

Also I believe there is a police officer living at the bottom of our road, one night after returning from a football match I pulled over in our road outside his house suffering from hayfever, I took some of my nasal spray and closed my eyes resting for a few moments, he knocked on my door window and asked me to turn down my radio as his daughter was asleep, i said ok mate, but then thought why should I it's nor really loud and I was listening to radio 5 live, not as if It was loud music. Anyway I looked in my mirror and he was crouched down behind a hedge on his mobile phone. I just drove off. I just found his actions strange, and I also remember a few years ago a police car parked outside his house quite often, thats why I think he is a police officer.

Expert:  Jo C. replied 4 years ago.

I know this isn’t going to be the answer you want to hear and it’s certainly not what I want to tell you. However, I wish to be completely honest with you so I cannot give you false hope.

I am sorry but they are free to do this. I can completely see why you feel aggrieved about this but there is nothing prohibited in their action.

Targeting is not unlawful per se. Obviously sometimes targeting turns into bullying or harassment but thats not really made out in one stop I'm afraid. Even if you could show that they are ensconced at the bottom of your road its still not likely to get over the hurdle of harassment yet I'm afraid.

In any event, even if a crime is uncovered by means of a prohibited stop, the prosecution is not automatically stayed. You have to make an application to stay the prosecution on the basis of abuse of process and thats a really high test I'm afraid. You literally have to show bad faith which isn't really made out here. It was just an overzealous officer unfortunately.

If your reading was in the region of 60 then you are facing a fine only but unfortunately this is the second matter within 10 years so you will be facing a ban of between 36 - 46 months unfortunately.

I am sorry and I wish there was something more positive I could say.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.