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What information do they use in court?

C8720

Active member
Hi. Was arrested the day before yesterday for drink driving...
On my letter to go to court it says on my charge that my breath test was 75....is this the information they will use in the court? I don’t know if this is the result of my breath test by the side of the road of in the police cell.
Also, I was sick at the police station before my breath test, would this affect the result? I remember being breathalised twice right after each other when at the police station. So in total I would have been breathalised 3 times...would they have used the highest or the lowest result?
Woke up again crying today, as I did all day yesterday. I feel so ashamed of myself and just want to lock away from the world.

Thank you in advance :)
 

price1367

TTC Group
You provided one at the roadside which is only an indication of what your reading might be, and gives the police the power to take you to the police station.
at the staion you provided 2 samples and you are prosecuted on the lower of those 2, so 75 is the reading that you are being prosecuted on and that is what the magistrates will base their sentence.
On their guidelines you will face a ban of 17-22 months, which can be reduced by up to 25% if you are offered, and complete, a drink drive rehabilitation course.
Being sick before providing a sample can, in theory, affect the result by increasing it. Before you provided the sample you would have been asked if you had been sick in the past 20 minutes. Was this the case? If so did you tell the police officer because if so he should have waited.
If you provided a sample on the Lion intoxilyzer machine it has a built in mouth alcohol detector which would have flagged up if you had regurgitated and stopped the test. If it was the Intoximeter Ec/IR Machine, they are not so good at detecting regurgitation so waiting 20 minutes is even more important. (You can tell which machine was used by looking at the print out you were offered, it will say at the top)
 

C8720

Active member
You provided one at the roadside which is only an indication of what your reading might be, and gives the police the power to take you to the police station.
at the staion you provided 2 samples and you are prosecuted on the lower of those 2, so 75 is the reading that you are being prosecuted on and that is what the magistrates will base their sentence.
On their guidelines you will face a ban of 17-22 months, which can be reduced by up to 25% if you are offered, and complete, a drink drive rehabilitation course.
Being sick before providing a sample can, in theory, affect the result by increasing it. Before you provided the sample you would have been asked if you had been sick in the past 20 minutes. Was this the case? If so did you tell the police officer because if so he should have waited.
If you provided a sample on the Lion intoxilyzer machine it has a built in mouth alcohol detector which would have flagged up if you had regurgitated and stopped the test. If it was the Intoximeter Ec/IR Machine, they are not so good at detecting regurgitation so waiting 20 minutes is even more important. (You can tell which machine was used by looking at the print out you were offered, it will say at the top)
I can’t see anything on my charge sheet that says what type of machine was used?
 

price1367

TTC Group
There is nothing on the charge sheet, it will be on the print out from the machine. You are offered this after the test, but if you didn’t accept it you can’t see which machine was used.... but what about the timescale for being sick, and did you tell the officer when he asked you if it was less than 20 minutes?
 

C8720

Active member
There is nothing on the charge sheet, it will be on the print out from the machine. You are offered this after the test, but if you didn’t accept it you can’t see which machine was used.... but what about the timescale for being sick, and did you tell the officer when he asked you if it was less than 20 minutes?
Oh I didn’t get the print out from the machine, am I able to request it from the police? I was sick in the police station as soon as we arrived, I remember being taken to the room straight away to be breathalised after being sick. I was drunk though :/
 

price1367

TTC Group
You will be served with a statement of facts when you get to court, btut is may not include the printout. The only way you can be sure of getting that is to plead not guilty and get it that way. That, however, introduces new costs. A guilty pea attracts prosccution costs of £85. A not guilty plea is £630 costs.
You were not that drunk if you blew 75, which is only twice the legal limit.
But you have still not answered the question about the timescale and if you told the police officer you had been sick when he asked you before the breath test?
One other thought, You can write to the police station and request a copy of the custody video and th custody record sheets relating to your time there. You should do this as soon as possible as some forces only keep videos routinely for 4 weeks or so. That will show the timescale of you being in the cells before the breath test, what the officer asked you and which machine was used.
 

C8720

Active member
You will be served with a statement of facts when you get to court, btut is may not include the printout. The only way you can be sure of getting that is to plead not guilty and get it that way. That, however, introduces new costs. A guilty pea attracts prosccution costs of £85. A not guilty plea is £630 costs.
You were not that drunk if you blew 75, which is only twice the legal limit.
But you have still not answered the question about the timescale and if you told the police officer you had been sick when he asked you before the breath test?
One other thought, You can write to the police station and request a copy of the custody video and th custody record sheets relating to your time there. You should do this as soon as possible as some forces only keep videos routinely for 4 weeks or so. That will show the timescale of you being in the cells before the breath test, what the officer asked you and which machine was used.
The police officer knew I had been sick, one of them escorted me to the toilet to be sick. I just don’t remember the timescale of after I was drunk and hysterically crying at the time. I don’t even want to watch the custody video back I’m so embarrassed
 

price1367

TTC Group
You need to apply for the video, or pay for a solicitor to do so but that will cost quite a bit. Get someone else to watch is if you don't want to. The issueof the timescale for you being sick and blowing into the machine is the difference between having a defence or facing a long ban. Having said that, if you were behaving as drunkly as you suggest the custody video might give the police enough evidence to prosecute you for driving whilst unfit through drink or drugs, which does not require a breath test result,,,,,
 

C8720

Active member
You need to apply for the video, or pay for a solicitor to do so but that will cost quite a bit. Get someone else to watch is if you don't want to. The issueof the timescale for you being sick and blowing into the machine is the difference between having a defence or facing a long ban. Having said that, if you were behaving as drunkly as you suggest the custody video might give the police enough evidence to prosecute you for driving whilst unfit through drink or drugs, which does not require a breath test result,,,,,
Ok thank you. I was definitely drunk :/ i will take my punishment
 

price1367

TTC Group
Look smart, take a couple of references from your employer or a good member of society, apologise to the magistrates for taking up theirs and the Police's time and ask for the drink drive rehabilitation course if they don't offer it. They usually do, sometimes forget, will not say no if you ask and it cannot be offered once your case is finished, even half an hour later.
Let us know on here how you get on.
 

C8720

Active member
Look smart, take a couple of references from your employer or a good member of society, apologise to the magistrates for taking up theirs and the Police's time and ask for the drink drive rehabilitation course if they don't offer it. They usually do, sometimes forget, will not say no if you ask and it cannot be offered once your case is finished, even half an hour later.
Let us know on here how you get on.
Thank you. It’s on June 23, the solicitor I spoke to said this could change though due to covid. I just would rather get it over and done with now
 

M burduja

Well-known member
Look smart, take a couple of references from your employer or a good member of society, apologise to the magistrates for taking up theirs and the Police's time and ask for the drink drive rehabilitation course if they don't offer it. They usually do, sometimes forget, will not say no if you ask and it cannot be offered once your case is finished, even half an hour later.
Let us know on here how you get on.
Me same on 16 I have the court I will be get on touch here
 

neebob200

Well-known member
Hi you will be worried and upset but it's not as bad a you will expect they are only human and wear shoes and socks like you and me.i know it's hard but keep your head held high,you say you know you were drunk,maybe best plead guilty and get it over with,it's surprising how fast the months go by after the first 6 months.if you keep your job which am sure you will,then you keep your house,you will adapt to using transport for a year or so.head up ok

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