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Carl Millar recently represented Mr V at Sunderland Magistrates Court in relation to an allegation of driving with excess alcohol.

Mr V gave a reading of 40ųg in 100ml of breath at the police station. This is where the point of prosecution begins. At such a low reading, he is entitled to take the option of a blood or a urine test but it is for the police officer to decide whether it will be a blood or a urine test. Mr V’s instructions were that he was influenced by the police officer and dissuaded from not taking the option of a blood test as he had the perception that he would be banned anyway from his conversations with the police officer. Section 8(2) of the Road Traffic Offenders Act 1988 had not been adhered to by the police officer in the case.

The defendant should understand the option he has been given and must be in a position to make an informed decision.

The Magistrates decided that the conversation with the police officer influenced Mr V’s decision making process not to exercise his option as he thought that his breath reading would result in a ban in any event. As such, Mr V was acquitted.