Do I have a chance of beating this in court?

Convicted Driver Insurance

Stig98

New Member
I went out with some friends and was ended up having a few more than I should have. When I left it was to dark to see the no exit sight at the front of the car park. I turned right and set of roughly 1/4 of a mile before realising I was on the wrong side of the road before I could get back on the right side I saw the blue flashing lights. When I was pulled they tried to do a preliminary breathalyser test but could not get a reading so I was cuffed and taken to the station where I blew 73. I was then questioned and charged with drink driving and dangerous driving. The police failed to get a preliminary breath test, the date on my charge notice is also wrong it says February but this happened this month. I was also denied my request to speak to a solicitor or make a phone call until the following morning. Do I have any chance of getting this thrown out?
 
Hi.

In short I wouldn't defend this if I were you.

There are issues that could amount to a defence such as you not getting timely legal advice and the officers not getting a roadside test but they are not strong defences and even if you could get acquitted, you would still be facing the dangerous driving charge.

Other lawyers may disagree and wish to run the weak defences but in my experience you need to take full advantage of the 1/3 of credit you currently have, get a good lawyer and an throw yourself on the mercy of the Court.

Sorry if it isnt what you want to hear but I genuinely think it is the best course of action.
 
Hi.

In short I wouldn't defend this if I were you.

There are issues that could amount to a defence such as you not getting timely legal advice and the officers not getting a roadside test but they are not strong defences and even if you could get acquitted, you would still be facing the dangerous driving charge.

Other lawyers may disagree and wish to run the weak defences but in my experience you need to take full advantage of the 1/3 of credit you currently have, get a good lawyer and an throw yourself on the mercy of the Court.

Sorry if it isnt what you want to hear but I genuinely think it is the best course of action.

Thanks, but what about the charge sheet? It says that both incidents happened on 07/02/2020, but they happened on 07/03/2020.
 
The CPS will make an application to amend it at Court.
Hi Martin,
Thanks for your help, after taking another look through the paperwork I noticed the breath alcohol test record is also incorrect. They have my first name correct but a completely different surname. I know individually These mistakes don’t give me much of a chance but is there any argument over the sheer number of procedural and clerical errors
 
That is quite an interesting one. Obviously before they can fully rely upon a breath test they need an accurate print out. I would be happy to have a look at this for you if you around for a chat tomorrow?
Thanks Martin,
pretty busty day tomorrow but I could call on my lunch brake around 13:00 or any time after 16:30
 
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