There is also this report from the Canadian society for Forensic science Journal, although it is about a different (by similar) machine to the ones used in the UK:
“Practical testing utilizing the operational protocol as outlined for the Breathalyzer technicians indicated that the probability of RFI resulting in inaccurate readings being presented to court was, for practical purposes, non-existent. If RFI were to occur, definite indications would be present making it detectable to a qualified Breathalyzer technician.”
Ask your expert to show you cases that have won on the basis of RFI from police radios... there are all sorts of claims about this being a real problem, but they mostly stem from the USA where everything is tried, including examining the source code for the programming of the breath test machines. They get away with it there, but it doesn’t wash in the UK.
there is also this case (an almost identical one with a reading of 52 and a claim to have only had 2 drinks) where the expert evidence on the reliability of the breath test machine in relation to interference from radios or phones was:
“Branding the idea that it had misread Pelly's alcohol levels twice as 'too incredible'.
She said: 'For it to affect two independent specimens to the exact same extent is to be too incredible.
'They are completely independent because they are two separate breath specimens.
'These are two separate breath specimens being analysed by the same hardware and coming up with the same result.'”
Guy Pelly, 32, was pulled over as he drove through Belgravia, central London, in a black Audi R8. He repeatedly refused to take the test when asked by officers.
www.dailymail.co.uk
He was a ‘friend of royalty’, but nevertheless he was convicted as well!
Second drink-drive ban for Wills’ club mate Guy Pelly
www.thesun.co.uk
Note 2 bits from the report:
1. But today District Judge John Zani ruled that there was no problem with the
device and Pelly, from Pimlico, central London was guilty of drink-driving.
’
2. “I am able to state that I am entirely satisfied that Mr Pelly has either
deliberately chosen to underplay the amount of alcohol that he consumed in
the period of time leading up to his arrest in the early hours… or his
memory has genuinely failed him.”
The next thing is that your solicitor will want to discuss their fees for representing you at your trial, the £3,000 spent so far is only on preparatory work, you can easily double that, or more for the trial, plus the £800 or so for the medical expert to attend if the prosecution do not accept his / her evidence.