A Lancashire man wishes he'd had none for the road, after being caught drink driving just marginally over the legal limit.
Unfortunately the Lancashire Telegraph forgot to publish the first name of the defendant, Mr Clifford. Despite this omission, we think his case is interesting enough to write about.
Clifford, 48, of Bridge Street, North Harwood, admitted driving a motor vehicle when the amount of alcohol in his breath exceeded the prescribed limit. This is an offence contrary to section 5(1) of the Road Traffic Act 1988 and has a maximum penalty of 26 weeks' custody and/or a fine at level 5 (unlimited) on summary conviction.
He also admitted a charge of driving otherwise in accordance with a licence. This is an offence contrary to section 87(2) of the Road Traffic Act 1988 and has a maximum penalty of a fine at level 3 (currently £1,000) on summary conviction.
Blackburn Magistrates heard that Clifford had taken friends to a Christmas do and never intended to drink any alcohol. Unfortunately he made the mistake of thinking that he would be fit to drive after consuming only a couple of alcoholic drinks during the evening.
On the journey home the police had cause to stop Clifford's vehicle. Suspecting he was under the influence of alcohol he was asked to undertake a roadside breath test, which proved positive.
Clifford was arrested on suspicion of drink driving and conveyed to the police station, where he provided an evidential specimen containing 40 microgrammes of alcohol in 100 millilitres of breath.
The prescribed limit is 35 microgrammes of alcohol in 100 millilitres of breath, but in accordance with Home Office guidelines a charge is not laid unless a reading of at least 40 microgrammes is obtained.
Damien Pickup, mitigating, said: "That is the reading my client blew and if it had been one microgramme less he would have been OK.
"He had two pints of lager over an hour and he thought he would be OK to drive.
"He has made a mistake although the margin was as fine as it could be."
Until April 2015 suspected drink drivers blowing in the range of 40 - 49 microgrammes of alcohol in 100 millilitres of breath had the so-called "statutory option" of replacing their breath specimens with either blood or urine.
Under those rules drivers like Clifford were afforded an extra lifeline, as it might take hours longer to obtain the replacement specimens. Had the previous rules been applied in this particular case, it is almost certain that Clifford would have escaped prosecution despite being over the limit in breath.
Clifford was fined £173 and disqualified from driving for 12 months.
He was ordered to pay prosecution costs of £85 and victim surcharge of £32.
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