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  • Writer's pictureSundeep Bhatia

Dear Santa.What to do if you are breathylised

. As you make your journey tonight ,delivering presents to young people all over the world ,we would like to give you some free legal advice.

Firstly we know that you are likely to be offered many hundreds of thousands of free glasses of sherry.

We would ask you to take heed because if you have more than one or two you are likely to push yourself over the legal limit for driving with excess alcohol, within the United Kingdom. Please remember that even a little sherry,will put you over the limit in Scotland where the legal limit is now lower than in England and Wales.

However if you find yourself in a position whereby you are stopped and breathalysed them please be aware that you will be asked to give a roadside specimen of breath.

If that breath specimen is positive then you may be taken to a local police station in order that you can give two specimens of breath on the station’s Intoximeter.

You would be given the option of receiving legal advice on the phone before giving such a specimen.

However you cannot delay the procedure whilst a solicitor is called out for you.

If you fail to give a breath specimen then you could be charged with the offence of failing to give a breath specimen.

The penalty for pleading guilty or being found guilty of that offence would be an obligatory disqualification from driving of at least 12 months.

You should therefore, under any circumstances, give the specimens of breath,as requested.

If the reading you give on the Intoximeter is between 35 and 50 mg in 100 ml of breath then you would be given the option of providing a blood specimen.

If you agreed then a doctor would be called out in order to take that specimen of blood from you.

That may give the opportunity for your blood alcohol level to go down to a level beneath the legal limit.However if you had only recently drunk the sherry ,before being arrested ,then the reading could go up.

If you were asked to give a blood specimen, and if you did so, then you would be allowed to leave the station whilst the results come back from the laboratory.You would though have to agree to attend the police station again at a later date. If you did not do so then you would be committing a seperate criminal offence. If,on your return, the blood alcohol reading,following analysis,was more than 80 mg in 10ml of blood then you would be charged with driving with excess alcohol. .That would at least give you the opportunity to take the reindeer and sleigh back to base.

If the breath intoximeter reading ,at the police station,was more than 50 mg in 100 ml of breath then you would be charged with driving with excess alcohol.

The penalty for that is a period of disqualification from driving of at least 12 months as well as a financial penalty ,dependant on your means.

That would mean that you might not be in a position to deliver the presents in Christmas 2015.

However if you agreed to do a drink drive rehabilitation course, and if you were given the option by the court of doing so ,then you might receive a reduction in the disqualification period of up to 25%. We also suggest that you should carry proof of purchase of all the presents that you carry. Otherwise you might be further arrested on suspicion of handling stolen goods. It is also advisable to carry your driving license and proof of insurance of your sleigh.

We would ask you to be careful as we would not wish you to disappoint your millions of fans around the world.

With thanks and love from all of us at Beaumonde Law Practice..

Sundeep Bhatia Sole Principal (SRA 155523) Beaumonde Law Practice Audit House Eastcote Ruislip HA4 9LT

Middlesex HA5 5PA Tel 0208681614 07803727534 Authorised and Regulated by The Solicitors Regulation Authority(SRA No 462672)

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