A DRINK driver who is set to appeal his conviction told a judge "he's not a bad man" as he raised fears police officers' radios interfered with the breathalyser machine.
Kevin Cripps, 58, was banned from driving for 12 months and hit with a fine after he was found to have got behind the wheel of a car in Meadow Way, Jaywick, while over the legal alcohol limit.
After he was tested on January 30, he was found to have 43mcg of alcohol in 100ml of breath. The legal limit is 35mcg.
Cripps, of Vauxhall Avenue, Jaywick, denied drink driving, but was convicted following a trial at Colchester Magistrates' Court on June 23.
Alongside a driving ban, he was fined £180, ordered to pay £775 in prosecution costs and a victim surcharge of £34.
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Cripps is appealing against the conviction and appeared at Chelmsford Crown Court on Friday, but the hearing could not proceed due to ongoing barrister strikes.
Judge Mary Loram QC told Cripps he wasn't to blame for the delay, adding: "Any discussion about whose fault it is, trust me, it's a complicated one."
Cripps told the judge: "There is reason behind it with inconclusive evidence really.
"I don't want to say too much, but I'm on medication which has interfered with the drink, plus I have reflux and it's interfered with the machine.
"The police had their radio on in the room that I was taking the breathalyser in. Obviously I remember that evening, I wasn't drunk, it was the drugs that I was on.
"They had their radio on, there's a law to say police radio equipment should never be near a drink driving machine and there was interference."
Judge Loram said: "This all sounds like the sort of thing that will need to be dealt with by expert evidence."
She ordered an adjournment, with the defence to serve any expert evidence on the Crown Prosecution Service by October 28.
"I would like it cleared up as well, because I'm not a bad man, your Honour," said Cripps.
The appeal hearing, which is expected to take around two hours, was relisted for December 9.
Judge Loram said the driving ban will be suspended until the outcome of the appeal, adding: "I'm sorry your appeal couldn't go ahead, it's very much out of my hands I'm afraid."
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