Drink driving blew 44 went to police station blew 51 then again blew 43

Convicted Driver Insurance

Ellis123

Member
I drank 7 pints of carling and 1 Budweiser I know I should not have drove it was so stupid of me to do. I got pulled over and blew 44 then I got put into the back of the police car. Upon arrival at the police station I was ask questions etc. Then got took into a room where I blew into a big machine. First go 51 then after 43 so they took 43 as my score then took me to my cell. I was in the cell for about 30mins then they took me to my car to drive back home (no breath test) . I am 20 year old this is only my 2 year of driving.
Am I going to get banned for a long time.
 
Im no expert........but if they took you back to your car after 30 mins...the police have breached their own rules....
 
Incidently....despite my local traffic nick, being 5 mins away....i was carted15 miles away to govan...a journey that should have lasted 20 minute.....took an hour and a half.....i have no complaints about being done........but the police fcked me over.......blew 75........of course it rose to 111 later on....
 
Drink Driving Penalty
Details of offence as provided by you:
  • Specimen Type: breath
  • Alcohol Level: between 36 and 59
  • No previous drink driving related convictions within the proceeding 10 years
  • You have not been disqualified two or more times for 56 days or more within the proceeding 3 years
Based on the information you provided above, upon conviction of driving with excess alcohol, Magistrates' sentencing guidelines suggest:
Drink Driving Rehabilitation Course
All courts usually offer first time offenders the opportunity to take the drink driving rehabilitation course. A court may allow an offender to take the course a second time where there is a good reason to do so. Offenders will not usually be offered a chance to take the course for a third time. Completing the course can reduce any disqualification period imposed by up to 25%.
Enter New Information
 
Ellis123 said:
a case to get it thrown out,
I drank 7 pints of carling and 1 Budweiser I know I should not have drove it was so stupid of me to do. I got pulled over and blew 44 then I got put into the back of the police car. Upon arrival at the police station I was ask questions etc. Then got took into a room where I blew into a big machine. First go 51 then after 43 so they took 43 as my score then took me to my cell. I was in the cell for about 30mins then they took me to my car to drive back home (no breath test) . I am 20 year old this is only my 2 year of driving.
Am I going to get banned for a long time.
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I think your figures are wrong. You cannot get 2 readings on the breath test machine as 51 and 43.
The readings have to be within 6 or 15%, whichever is the greater So if your reading was 51, it cannot be less than 45. If it was 43, it cannot be higher than 49. The police should then say the machine is unreliable and ask for a bloodsample. The machine should show that the readings are unreliable.
Have you got the printout from the machine? If they do indeed show 51 and 43 then you have a case to get it thrown out.
The roadside sample one is just an indication and is not evidence.
 
price1367 said:
I think your figures are wrong. You cannot get 2 readings on the breath test machine as 51 and 43.
The readings have to be within 6 or 15%, whichever is the greater So if your reading was 51, it cannot be less than 45. If it was 43, it cannot be higher than 49. The police should then say the machine is unreliable and ask for a bloodsample. The machine should show that the readings are unreliable.
Have you got the printout from the machine? If they do indeed show 51 and 43 then you have a case to get it thrown out.
The roadside sample one is just an indication and is not evidence.
Click to expand...
Yeah I have the print out from the machine it says 51 and 43
 
Ellis123 said:
I drank 7 pints of carling and 1 Budweiser I know I should not have drove it was so stupid of me to do. I got pulled over and blew 44 then I got put into the back of the police car. Upon arrival at the police station I was ask questions etc. Then got took into a room where I blew into a big machine. First go 51 then after 43 so they took 43 as my score then took me to my cell. I was in the cell for about 30mins then they took me to my car to drive back home (no breath test) . I am 20 year old this is only my 2 year of driving.
Am I going to get banned for a long time.
Click to expand...
I blew 42 at the station and they kept me in for 10 hours. Was not pickled. Case this week so will update a new thread on Thursday.
 
Ellis123 said:
Yeah I have the print out from the machine it says 51 and 43
Click to expand...

The guidance is clear, and the police should have said that the result was “unreliable” because of the difference between the readings. Look at the end of the form the Police use and it shows the chart of how the max and min of the results should be:


You should get in touch with the police to point this out.
 
price1367 said:
The guidance is clear, and the police should have said that the result was “unreliable” because of the difference between the readings. Look at the end of the form the Police use and it shows the chart of how the max and min of the results should be:


You should get in touch with the police to point this out.
Click to expand...
so will i still get banned ?
 
If your figures are correct,the case should be dropped. If the readings are that far apart, the police should have required you to provide a blood sample, or urine if blood was not possible. Because they didn’t do that they have no proof that you were over the limit. (But I expect you were, however that isn’t the point!)
 
price1367 said:
If your figures are correct,the case should be dropped. If the readings are that far apart, the police should have required you to provide a blood sample, or urine if blood was not possible. Because they didn’t do that they have no proof that you were over the limit. (But I expect you were, however that isn’t the point!)
Click to expand...
on the paper they signed and i signed the readings are 51 and 43
 
So you should make a copy of the print out showing those readings and send it to your Crown Prosecution Office pointing this out and saying that according to the requirements of the MGDDA form the results are “outside the parameters for them to be reliable and they should discontinue the case.” Send a copy of your charge and bail sheet as well.
you can find your local CPS office in this link:

The CPS Areas, CPS Direct, CPS Central Casework Divisions and CPS Proceeds of Crime | The Crown Prosecution Service

www.cps.gov.uk www.cps.gov.uk

the other option is to wait till you attend court and raise it with the CPS prosecutor there, but that will just make it a longer process....
 
price1367 said:
So you should make a copy of the print out showing those readings and send it to your Crown Prosecution Office pointing this out and saying that according to the requirements of the MGDDA form the results are “outside the parameters for them to be reliable and they should discontinue the case.” Send a copy of your charge and bail sheet as well.
you can find your local CPS office in this link:

The CPS Areas, CPS Direct, CPS Central Casework Divisions and CPS Proceeds of Crime | The Crown Prosecution Service

www.cps.gov.uk www.cps.gov.uk

the other option is to wait till you attend court and raise it with the CPS prosecutor there, but that will just make it a longer process....
Click to expand...
with it being 51 and 43 will i still have a chance if ban or will it just be dropped
 
They should discontinue the case, so you will not even have to put in a plea.
consequently there will be no ban.
 
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