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Did you know you can still be fined and banned from driving even under the alcohol limit?
Thanks to a little known rule drivers can still be banned from driving and face a big fine. Even if you pass a breathalyser and blood alcohol test.
Most of the convictions for driving use the DR40 code but there is a second code. The second code is called DR50 and it carries a conviction maximum penalty of three months in jail, and also a driving ban and fine of £2,500 and it does not rely on tests.
If not using a test it is down to the opinion of the arresting officer to decide whether you are unfit to drive. There is also a test for drug driving called a D90 Being in charge of a vehicle when unfit through drugs carries 10 penalty points and a fine of up to £2,500.
The police tend to use the unfit charge, on occasions when maybe a breathalyser machine doesn’t work properly, or if someone fails to give a specimen for analysis.
At court the prosecutor can refer to the demeanor when arrested and the standard of driving. When reverting to the old charge of being unfit.
Alcohol limits don’t take into account things like the driver’s tolerance maybe they are on antibiotics. So in some ways, it makes sense.
Contact Gi Grimsby
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