Drink drive ban for the man who burped at the police is quashed

The High Court yesterday overturned a drink driving conviction after the judges ruled that police were wrong to decide that because Ryan Neil had burped at them this had made his breath test unreliable. It was also ruled that the Police should not have taken a blood sample after the breathalyser test. This result could have consequences for other drink driving cases.

The man from Runcorn was breathalysed and consequently arrested on 3 rd November 2006.On arrival at the Police Station Mr McNeil was give 2 more breath tests both of which were negative but on discovering tjhat he had burped just before the 2 nd test the police decided to take a blood test which they felt could be used as evidence that he was over the limit.

Mr McNeil was found guilty and banned from driving in June 2007.

It seems that it had been assumed until a test case last year that burping could affect a breath test meaning that police then had the power to request a blood test, but after the ruling yesterday burping prior to having a breath test will not be seen to affect the results.

29th April 2008

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