Nahidur Rahman, of Park Walk, Chester, has pleaded not guilty to one count of drink driving.
It is alleged that on 2nd February 2025, 27-year-old Rahman was driving a car in St. John Street while under the influence of alcohol. Police subsequently entered Rahman’s home and took a breath test, recording 86 micrograms of alcohol in 100ml of breath. This is clearly well above the legal limit of 35 micrograms.
Rahman claims that he has been misidentified as the driver of the vehicle. He also cannot recall being given the statutory warning before the breath test was performed. The police may be required to provide evidence, e.g. bodycam footage, that the warning was given and that all mandatory procedures were followed.
Before a breath test is conducted on a person suspected of drink driving, the police are required to give the statutory warning, which states that the suspect can be prosecuted for not providing either of the two specimens required. If the police fail to do this, the suspect is not guilty regardless of the test result. The same rule applies when blood or urine samples are taken.
The prosecution must prove beyond reasonable doubt that Rahman was driving the vehicle and that the statutory warning was given correctly.
Rahman has been given unconditional bail until his trial at Chester Magistrate’s Court on June 11th.
A conviction for driving while under the influence of alcohol can have serious consequences. If you find yourself accused of drink driving, solicitors experienced in this area of law can give the best advice on possible defences, sentences and court procedures, and this will help you achieve the best possible outcome.