EXCESS ALCOHOL - Prosecution back calculation

Published: 9th March 2020 at 11:23:47

EXCESS ALCOHOL - Prosecution back calculation

D had an accident and failed to stop, leaving the scene.  He was eventually arrested and breathalysed at the Police Station some 4 hours later when the reading was 18.  This is below the statutory limit of 35.  The Prosecution carried out a back calculation to the time of the accident and ascertained he would have had a reading of 41 and was therefore prosecuted (amongst other charges) for driving with excess alcohol at a reading of 41.

We instructed experts who attended the trial and who advised that it was not possible to back calculate accurately and that his true reading could have been anything between 33 (under the limit) and 67 (well over the limit).  The Prosecution had to prove their case and because of the spread of possible readings the Court decided CPS had not discharged their burden to the criminal standard and the Defendant was acquitted together with a Defendants costs order to reimburse some of his initial outlay.