I have been charged for RT88007

Convicted Driver Insurance

Raj10

New Member
I have been charged for RT88007, 48 micrograms of alcohol in 100 millilitres of breath. Would have to retest my driving licence
 
Hi there

There's too many variables here.

What were the circumstances of your arrest? How did the police know you had been drinking? Did you have an accident?

Is this your first offence?

If you can provide some clarity on what happened we will be able to advise on what you can expect when it comes to sentencing.
 
Hi there

There are too many variables here.

What were the circumstances of your arrest? How did the police know you had been drinking? Did you have an accident?

Is this your first offence?

If you can provide some clarity on what happened we will be able to advise on what you can expect when it comes to sentencing.
No accident and it was my first offence, they stopped me because my car light wasn't turned on but they were on then they said they can smell alcohol, they took a breath test which came as 48 micrograms. I took a breath test again at the Police station which came as 34,49,48 and 34
 
You will be prosecuted for a reading of the lower sample that you provided at the police station, which was 48.
That will result in a ban of 12-16 months which can be reduced by up to 25% if you are offered and accept to do a Drink Drive Rehabilitation Course. (Ask for it in court if the magistrates do not offer)
It is most unlikely you will be ordered to retake your test, unless you are in the first few weeks of passing your test or you are elderly and there are concerns about your driving ability. Also if you are in Northern Ireland where everyone has to resit their test after a drink drive conviction.
Other than those reasons, you will not have to retake your test.
 
You will be prosecuted for a reading of the lower sample that you provided at the police station, which was 48.
That will result in a ban of 12-16 months which can be reduced by up to 25% if you are offered and accept to do a Drink Drive Rehabilitation Course. (Ask for it in court if the magistrates do not offer)
It is most unlikely you will be ordered to retake your test, unless you are in the first few weeks of passing your test or you are elderly and there are concerns about your driving ability. Also if you are in Northern Ireland where everyone has to resit their test after a drink drive conviction.
Other than those reasons, you will not have to retake your test.
Something strange here.

Raj10 said he had readings of 34, 49, 48 and 34 at the station.

If 34 was the lowest they would be under 35 so wouldn't be prosecuted.
 
Something strange here.

Raj10 said he had readings of 34, 49, 48 and 34 at the station.

If 34 was the lowest they would be under 35 so wouldn't be prosecuted.
What he has quoted is the 4 readings from the print out.
34 is the first self calibration test by the machine (no input from the ‘victim’
49 and 48 are the 2 samples from the ‘victim’
34 is the second self calibration check by the machine.
That shows that the machine was working correctly and the 2 samples were within the parameters for being accurate, so he was charged with the lower reading (supplied by him / her) which was 48.
 
What he has quoted is the 4 readings from the print out.
34 is the first self calibration test by the machine (no input from the ‘victim’
49 and 48 are the 2 samples from the ‘victim’
34 is the second self calibration check by the machine.
That shows that the machine was working correctly and the 2 samples were within the parameters for being accurate, so he was charged with the lower reading (supplied by him / her) which was 48.
 

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What he has quoted is the 4 readings from the print out.
34 is the first self calibration test by the machine (no input from the ‘victim’
49 and 48 are the 2 samples from the ‘victim’
34 is the second self calibration check by the machine.
That shows that the machine was working correctly and the 2 samples were within the parameters for being accurate, so he was charged with the lower reading (supplied by him / her) which was 48.
Thanks Price.

That makes more sense now.

Cheers
 
15 December, what do you think what will outcome will be?

It depends how you plead, if you go guilty you'll be handed your ban there and then and will no longer be allowed to drive. Will you be seeking legal representation?

As they've seen you driving the car and then breathalysed you I can't really see that you have much of a defence. Pleading guilty early will attract a 25% reduction of any fine you receive.
 
Is there any way around not getting ban from driving as I have 2 kids and my wife is expecting and disabled mum which I take her to her appointments.
 
Is there any way around not getting ban from driving as I have 2 kids and my wife is expecting and disabled mum which I take her to her appointments.

Unfortunately, the ban is mandatory and there's no way around it. It's supposed to cause you hardship. The only way to avoid a ban is through a 'special reasons' argument, but these are quite complex and difficult to prove with relatively low success rates. Plus you'd need to plead not guilty, be prepared to go through a trial and fund a solicitor for this. You can read more about special reasons here https://www.drinkdriving.org/drink_driving_special_reasons.php

From what you've described so far I do not believe that you'd fall into the special reasons category.

I think with a good solicitor and mitigation you could get the lower end of the ban (12 months) reduced to 9 months with the drink drive rehabilitation course.

Probably not what you wanted to hear but drink driving charges are difficult to argue, especially when they've caught you in the car.
 
To clarify a couple of points raised above,
You do not have to plead not guilty to put forward ‘special reasons to not disqualify’ …. You can plead guilty but ask for a ‘Newton Hearing’ to put forward special reasons why the normal punishment (in tis case a mandatory 12 month minimum ban) should not be applied.
BUT the special reasons have to relate to why the offence happened, such as being the victim of violence, minimal distance driven etc, not personal circumstances so having people depend on you being able to drive cuts no ice at all as ‘Special Reasons to not disqualify.”
 
Oh k but do I need to retest my driving licence?
I have already answered this, stop worrying!!!! :

“ It is most unlikely you will be ordered to retake your test, unless you are in the first few weeks of passing your test or you are elderly and there are concerns about your driving ability. Also if you are in Northern Ireland where everyone has to resit their test after a drink drive conviction.
Other than those reasons, you will not have to retake your test.”
 
Hi.
I've been charged for Rt88007 . I blew 94 .section 5 (1) (a) . I was less than a mile a way from home and caught parking up my car to spend evening at gf. I parked at dead end and was out my car locking the door and walking off from my car when the police stopped me and smelt alcohol.
I wasn't told by the officer she was recording.
What is the way to deal with this at court .
 
What is the way to deal with this at court
Plead guilty. It's irrelevant how far away from home you were. It's irrelevant that you were parked up to visit your girlfriend. It's irrelevant that you were parked at a dead end or walking away from your car before being stopped by the police and it's irrelevant that you weren't aware that the officer's bodycam was recording. You were drink driving and you were caught. You were nearly 3 x the limit so just accept you did wrong, plead guilty and take the punishment, there's no way round it.
 
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