News

England cricketer Liam Plunkett has been charged with driving with excess alcohol.  Liam Plunkett plays for Durham and England, and is due to appear before the Magistrates later this month.

A Durham police spokesperson said, “a 27 year old man from Durham was arrested on July 28^th on suspicion of drink driving.  He has been charged with the offence and is due to appear before Peterlee Magistrates Court.”

Carl Millar read the article that came from the Press Association and there are no other details at this stage.

If found guilty or if he pleads guilty, Plunkett will face disqualification for a minimum period of 12 months.  However, the sentence will be determined in accordance with the Magistrates Court Guidelines.

The legal limit is 35ųg and the point of prosecution is 40ųg.  If you provide the lowest reading in breath of between 40-50ųg you may elect to have that specimen of breath replaced by a sample of blood or urine.  If a sample of blood or urine is taken in such circumstances, the breath test results are discarded and cannot be relied upon as a matter of evidence.

If found guilty, the Magistrates Court suggest the following sentences:

36-59ųg alcohol in 100ml of breath – disqualification of between 12-16 months

60-89ųg alcohol in 100ml of breath – disqualification of between 17-22 months

90-119ųg alcohol in 100ml of breath – disqualification of between 23-28 months

120-150ųg alcohol in 100ml of breath – disqualification of between 29-36 months

Furthermore, you could receive a custodial sentence if the reading in breath is over 120ųg.

There are certain defences available that may be afforded to Liam Plunkett.  This will depend on his circumstances.

For example, there could be a breach of the procedure at the police station which will mean that the CPS cannot prove the case beyond any reasonable doubt.

Special Reasons might also apply, which could be shortness of distance driven coupled with no intention to drive further, or Mr Plunkett may have acted in an emergency situation.

The above defences or special reasons will all depend on the personal circumstances surrounding the allegation of driving with excess alcohol.