Drink driving defence

[briensmith]

If you claim that the proportion of alcohol in a breath or laboratory specimen provided by you is above the legal limit because you had consumed alcohol after you had ceased to drive, you will need to rebut the presumption contained in section 15(2) Road Traffic Offenders Act 1988 that the proportion of alcohol in your breath, blood or urine at the time of the alleged offence was not less than in the specimen. The presumption will be rebutted if you prove the matters set out at section 15(3) on a balance of probabilities. In order to do so you will usually rely upon expert scientific evidence to establish that his alleged post driving consumption of alcohol accounts for the excess found in your sample, which took you over the legal limit.


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