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 Post subject: Failed breathalyser
PostPosted: Thu Feb 05, 2009 11:03 
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Well I am new here, so sorry if this is a familiar tale.

Was stopped about a week ago, having nipped a mile up the road to collect my son (my wife had been delayed at work). My son is 10 and has special needs. I couldn't leavehim alone at 8.45 at night outside a swimming pool! I wasn't planning to go out, and felt fine, but had no choice.

Failed the roadside test and got driven off to blow into an Intoximeter. Reading was 66.

Now have a court date and have consulted solicitor. He says he will plead mitigating circumstances (clean licence, short journey, not expecting to go out etc) , but I still expect a ban and a fine (I live in Cheshire by the way)

After thirty years of driving with a completely clean licence I am in a state of shock.

Does anyone here know what happens next (in court I mean) and what might be in store for me? And is there anyting more I can do (I doubt it) to minimise the penalty.

Thanks (I am still in shock)


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 Post subject: Re: Failed breathalyser
PostPosted: Thu Feb 05, 2009 11:32 
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My alarm bells are ringing
Perhaps one thing you can do is ask yourself the obvious awkward questions, so at least you’re prepared for them when the court ask them. For example:
- You know there was a risk (you must have had a few to blow 66), why didn’t you call a taxi, or call upon a friend?
- Why were you stopped in the first place, was your driving standard below what is expected?

Exactly what happened to you after the roadside test?

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 Post subject: Re: Failed breathalyser
PostPosted: Thu Feb 05, 2009 11:37 
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Thanks. I have been through that with my solicitor.

I had had 2 large glasses of red wine and had not eaten all day. WHen the call came I had little time to react and fely fine (tho bviously I wasn't). The police made no suggestion that I was driving erratically or too fast. They regularly stake out my village as we have 4 pubs and 3 restaturants!! There is only one road in and out.

After I was stopped I was taken off to the police statino to blow into the intoximeter. They said I could leave after a couple of hours, but they were short staffed so I was there all night, which was not pleasant!

And yes, I have been an idiot!


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 Post subject: Re: Failed breathalyser
PostPosted: Thu Feb 05, 2009 11:58 
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OK, that would likely explain why you were stopped, but I don't think the reasoning “little time to react” for not calling a taxi/friend will wash. Did you at least try these other options? If so can you prove you did?

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 Post subject: Re: Failed breathalyser
PostPosted: Thu Feb 05, 2009 12:02 
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Fraid I did not try the other options as I felt fine and it did not occur to me that I was over the limit. Honest guv. I expect a ban and a fine. No escape, I imagine. Just looking for information from fellow sufferers or crumbs of comfort, I guess


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 Post subject: Re: Failed breathalyser
PostPosted: Thu Feb 05, 2009 13:18 
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Perhaps someone else can offer some comforting words, I'm afraid I can't. A few months ago I was nearly taken out by someone who blew 95 (he mounted my pavement at speed and took out a lamppost, I literally had to leap into a field to evade) - he probably said he felt fine too. This campaign is calling for more trafpol to detect and prevent this kind of thing.

What lessons did you learn from this episode? If faced with the same situation, what will you do to ensure you won't DD again? Perhaps it will help if you can convey that to the court.

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 Post subject: Re: Failed breathalyser
PostPosted: Thu Feb 05, 2009 13:42 
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Lesson learnt? Never again!! My wife did the same thing to me on Friday (been delayed, can you pick him up?) I had had a small glass of white wine while cooking. I refused to leave the house :bunker:


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 Post subject: Re: Failed breathalyser
PostPosted: Thu Feb 05, 2009 14:23 
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In my experience people who drink drive do it more than once through out there life,if you are saying this is the first time that you have done it then you must be the most unluckiest man in the world to get caught the first time.
Stephen


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 Post subject: Re: Failed breathalyser
PostPosted: Thu Feb 05, 2009 14:27 
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Thanks, I think I catch your drift. I have never knowingly driven while over the limit. My father used to and was caught and banned. I learnt the lesson then. This was a one off. As I said, 30 years driving, completely clean licence.

I shall have to face the music.


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 Post subject: Re: Failed breathalyser
PostPosted: Sat Feb 07, 2009 00:37 
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If the situation is as you describe it, then you have my sympathy, but you will have to accept that the law is the law and accept your punishment.

However, given the amount of publicity on this subject, I find it a little hard to believe that you did not realise than having two "large" glasses of wine would at least put into the grey area. Most modern wines tend to be at least 13% ABV and so a single 175ml glass (which is probably a lot less than your "large" glass) contains more alcohol than a pint of bitter.

I also share Stephen's scepticism that this was a complete one-off. Were you normally in the habit of drinking wine at home when you might have needed to drive later in the evening?

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 Post subject: Re: Failed breathalyser
PostPosted: Sat Feb 07, 2009 11:38 
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jimbo55 wrote:
Now have a court date and have consulted solicitor. He says he will plead mitigating circumstances (clean licence, short journey, not expecting to go out etc) , but I still expect a ban and a fine
Expect a ban of about 18 months. The bench will probably recommend that you be given the option to take a drink drivers rehabilitation course. If you decide to do the course, and do well enough to get a pass certificate, that will reduce your ban by 25%.

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I am not a lawyer and can't give legal advice. I do have experience of the day to day working of courts and use that knowledge to help where possible. I do not represent any official body and post as an individual.


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 Post subject: Re: Failed breathalyser
PostPosted: Sun Mar 08, 2009 21:56 
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I am also sceptical, not least because blowing a 66 is nearly double the limit - hardly a small margin over. I find it extremely difficult to believe that this was the result of 2 large glasses of wine. I have blown less than this after 5 pints of beer (before any comments roll in, no I wasn't driving, I happen to know a traffic copper, who breathalyzed me at my request)

I echo the sentiments of most here, I'm afraid that this sounds like exactly the kind of driving that I don't wish to have on the roads I use.


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 Post subject: Re: Failed breathalyser
PostPosted: Wed Sep 30, 2009 20:35 
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My advice, buy a bicycle. Enjoy riding it and reflect on your actions. Hopefull you will have learned enough to be trusted with a licence when you get one back.


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 Post subject: Re: Failed breathalyser
PostPosted: Wed Dec 02, 2009 17:40 
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could have been in court for been in charge of a child whilst drunk, (**yes this offence does exist)


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