Can you be convicted without a blood or urine test?

Convicted Driver Insurance

Elad Amir

Member
Hi there,

One of my employees has been caught drink driving as he parked his van near his home. He was approached by officers who were by his building for another incident and when they smelled the alcohol in his breath they took him to the station where he had a breathalyzer test. They did not take any urine or blood samples from him. He didn't refuse to provide them, but they simply didn't ask.

Can he be convicted based on the breathalyzer reading alone?

Many thanks

Elad
 

Elad Amir

Member
Yes, he definitely can but the police are going to have to prove that he drove the vehicle.

Hope this helps
Martin.
Hi Martin,

Thanks for the quick response.

Although it's an electric van, the vehicle was turned on when he was approached. I would their bodycams may be able to show him moving the vehicle into the parking spot?

In any case, is the attached file in line with the text on his charge sheet:
"Driver motor vehicle when alcohol level above limit

On 28/03/2021 at Winter Street, SW11 drove a motor vehicle, namely a Nissan NV200, registration number ……. On a road, namely Winter Street, SW11, after consuming so much alcohol that the proportion of it in your breath, namely 100 microgrammes of alcohol in 100 millilitres of breath, exceeded the prescribed limit."
 

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Elad Amir

Member
I thought that they treat it as the same thing...

Is he still likely to lose his licence if that is the case?
 

Elad Amir

Member
How long should he expect the ban to be assuming that they go for drunk in charge of a motor vehicle and if he doesn't have a criminal record?
 

Elad Amir

Member
I've called earlier and asked to speak to you (assuming it is really Martin Hammond that I am chatting with lol) as I would like to find out a few more details including your fees
 

Elad Amir

Member
Good Morning Martin,

I hope all is well.

Do you think that a physical representation of a solicitor will help my employee in case of a guilty plea and considering such a high reading of 100? Would it not potentially annoy the judge?

Also, how much do you charge for the preparation and submission of a statement to the court?

I look forward to your reply.

Many thanks

Elad
 
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