Mr Cooke* was charged with an offence of drink driving. He had been involved in a collision involving his car being driven into a ditch and the police arrived at his home half an hour later, following a call from a member of the public. By this time, he had consumed a large glass of whiskey to steady his nerves.
The police required our client to take a breath test and this gave a reading of 86mg of alcohol, above the legal limit of 35. We were able to obtain a forensic report to show that he had only drunk alcohol after he had driven and that he was sober at the time of driving. The prosecution was withdrawn at the first hearing without our client having to give evidence.
“By obtaining a back calculation report, we can prove to the police that a driver did not drink drive, but consumed alcohol after they had driven. In these cases a driver can escape prosecution and keep a clean licence. Drink driving carries a minimum 12 month disqualification but in this case would have been around 20 months so this was an important decision for the driver.”