Luna
08-08-2006, 09:21
A Coronation Street star has been found guilty of drink-driving after a claim that a medical condition affected his breath test was rejected.
Simon Gregson, who plays Steve McDonald in the soap, was stopped when a police officer saw his Jaguar going the wrong way down a one-way street in Cheshire.
He gave a positive roadside test and two further tests were positive.
Mr Gregson, 31, of Wilmslow, who denied drink-driving, was bailed for sentencing on 4 September.
The court heard that two police station readings were 60 micrograms of alcohol per 100 millilitres of breath - the legal limit is 35.
We did not accept the evidence of the defendant that he was repeatedly burping and bringing up stomach acid
Alan Edgeworth JP
Gregson told Macclesfield magistrates that an ongoing medical condition, reflux oesophagitis, caused him to belch stomach acid into his throat while the breath tests were taking place.
The officer who took the test, Sgt Jeremy Taylor, admitted forgetting to ask Gregson "Have you brought anything up from your stomach?" immediately after the test.
He only asked the question around 45 minutes later, while Gregson was in a cell.
The question should be asked in case stomach acid is in the mouth - which can give a misleadingly high alcohol reading.
But bench chairman Alan Edgeworth said: "We found the question (of whether a suspect has brought something up from his stomach) is not a statutory requirement and accordingly find the failure to ask it at the appropriate time does not invalidate the whole procedure.
"We did not accept the evidence of the defendant that he was repeatedly burping and bringing up stomach acid and that he raised his hand to his mouth.
"At no time did the defendant mention any medical condition to police."
Gregson, who appeared under his real name of Simon Gregory, left the court without commenting.
Simon Gregson, who plays Steve McDonald in the soap, was stopped when a police officer saw his Jaguar going the wrong way down a one-way street in Cheshire.
He gave a positive roadside test and two further tests were positive.
Mr Gregson, 31, of Wilmslow, who denied drink-driving, was bailed for sentencing on 4 September.
The court heard that two police station readings were 60 micrograms of alcohol per 100 millilitres of breath - the legal limit is 35.
We did not accept the evidence of the defendant that he was repeatedly burping and bringing up stomach acid
Alan Edgeworth JP
Gregson told Macclesfield magistrates that an ongoing medical condition, reflux oesophagitis, caused him to belch stomach acid into his throat while the breath tests were taking place.
The officer who took the test, Sgt Jeremy Taylor, admitted forgetting to ask Gregson "Have you brought anything up from your stomach?" immediately after the test.
He only asked the question around 45 minutes later, while Gregson was in a cell.
The question should be asked in case stomach acid is in the mouth - which can give a misleadingly high alcohol reading.
But bench chairman Alan Edgeworth said: "We found the question (of whether a suspect has brought something up from his stomach) is not a statutory requirement and accordingly find the failure to ask it at the appropriate time does not invalidate the whole procedure.
"We did not accept the evidence of the defendant that he was repeatedly burping and bringing up stomach acid and that he raised his hand to his mouth.
"At no time did the defendant mention any medical condition to police."
Gregson, who appeared under his real name of Simon Gregory, left the court without commenting.