What is best with the breath test?
15/12/09
What is best with the breath test?
Tuesday 15th December 2009
Drivers will notice increased Police presence in the next couple of weeks as the annual Christmas anti drink drive campaign begins.
You should never drink and drive. On occasion innocent motorists will find that they are asked to take a breath test. Clare Gooding specialist Criminal solicitor advises what you should do in such circumstances;
It is important to realise that you will commit an offence if without reasonable excuse you fail to co-operate with a preliminary roadside breath test or a Police Station breath test procedure.
This might seem obvious but it is worth remembering that a conviction for these offences could result in the same minimum or even longer disqualification from driving as the offence of actually being over the drink drive limit.
When providing a sample of breath make sure you blow long enough and hard enough when requested. If for some reason you are not able to do so you should say immediately what possible medical reason there is for this. If you are charged with failing to provide a specimen and have to attend court you will need to state your position often with the help of expert evidence.
If you are arrested either for being over the limit or failing to blow properly the most important thing is to take proper legal advice from a specialist. This can either be at the Police Station which is free of charge or immediately after you are charged and released.
This article only provides general advice and cannot be relied upon in any particular case. If you would like any advice regarding this or any other criminal law related issues please contact Clare Gooding at clare@aeswinterbothams.com or 01453 847 200.