PSV Driver with Alcohol Levels Above Legal Limit Dealt With by Way of Formal Warning at Driver Conduct Hearing

Tim Culpin represented a Driver before the Traffic Commissioner, called to a Driver Conduct Hearing to consider fitness to hold a PSV driver Licence. The concerns raised by the Traffic Commissioner came from an employer referral that the driver had attended the workplace and given a breath reading which recorded alcohol levels above the legal limit. The driver’s mitigation and the unique circumstances of this case were presented to the Traffic Commissioner, by statement and supporting evidence before the hearing, supplemented by submissions at the hearing. The Traffic Commissioner was persuaded in this case to step back from a suggested outcome in the Statutory Document and give the driver a warning rather than any suspension or revocation, as would normally be expected.