Steve Smith
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I think whats probably happened is that he was arrested for drunk in charge. But, because the CPS manual expresses a preferance for it, they then reverted and charged for what I described earlier of being over the prescribed limit......
but they may have done and the CPS did their usual and toss it in the too difficult bin.
This annoyed me a few years ago. Myself and a few friends witnessed a drunk driver pull out from a T junction when there was a cyclist in front of him. The cyclist and the bike went over the bonnet of the car and he drove away as if nothing had happened. Luckily, his number plate was torn off and left on the road which made it easy to trace him - although that wasn't necessary as he returned about ten minutes later when the police were there.
Despite taking written statements from about five of us, he was only charged with being over the limit and banned. We were expecting a lot more.
Steve.