A man has been charged with drink driving and driving without due care and attention following an incident at which he initially provided a positive breath sample, but was later under the legal limit.
On Wednesday 19 September, John Neilson, 45, of Milburn Grove, Bingham, was sentenced at Nottingham Magistrates Court yesterday (19 September 2018) following a one-day trial and convicted by the jury. Neilson was given an 18-month disqualification and was ordered to pay costs and compensation of £1,690 after he hit a 73-year-old pedestrian with his Mini Cooper on 27 July 2017 at the Market Place in Bingham.
Neilson initially provided a breath sample which was over the legal limit. After being taken to custody and re-tested he was deemed to be under the legal limit.
However, the court heard from a drink-drive expert who reviewed the evidence and was able to prove that at the time of the collision, Neilson was well over the legal limit.
PC Adam Woodward said: “This is a great result and goes to show that it’s possible to gain a conviction even when a negative result is blown some time after an initial positive reading.
“I hope the victim can take some comfort from this sentencing”.