Drink Driving Offence

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Drink Driving Offence

Mr C was stopped whilst driving as part of a routine traffic stop. The police officer spoke to him and formed the opinion that he had been driving under the influence of alcohol. At the request of the police office, Mr C was asked to submit a roadside breath test sample for analysis, which he failed. He was arrested, charged with drink driving and taken back to the police station.

He was then required to provide a breath sample for analysis, which would be used against him as evidence in court. Both of these proved positive and he was charged with drink driving.

Upon a close examination of the prosecution evidence, it became clear that there had been a breach of police procedure. The court found that this breach of procedure amounted to a special reason and, despite being guilty of drink driving, Mr C avoided a driving disqualification.

 

DRINK DRIVING (INCLUDING DRUGS IMPAIRMENT)
A person is guilty of an offence if he drives or attempts to drive a motor vehicle on a road or other public place when the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.
(Road Traffic Act 1988 S5[1])

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