England rugby star’s lawyer claims breath test was unreliable after he tested positive following night of drinking martinis, champagne and vodka
Player, who denies one count of drink-driving, told a court he was “a bit miffed” to fail a breathalyser test
England rugby star Danny Cipriani’s lawyer claims the two breathalyser tests which showed the player had consumed nearly twice the legal limit of alcohol when he crashed his £60,000 Mercedes cannot be trusted.
A court heard the sportsman, 28, ‘downed four Espresso Martinis, a Vodka Cranberry, and a flute of champagne’ before he swerved his pricey motor into a taxi at 5.15am on June 1, 2015.
Fly-half Cipriani, who had given a man of the match performance for his country at Twickenham before the crash, told Westminster Magistrates' Court that he was“a bit miffed” to fail the breathalyser tests.
Defending the star, lawyer Philip Lucas claimed the roadside test, as well as another in the police station, had not been checked beforehand to see if they were in correct working order.
He said: "My primary submission is there is insufficient evidence before the court as a matter of law to establish the readings in Mr Cipriani's case."
Mr Lucas said that Cipriani, who denies one count of drink-driving, had challenged the prosecutions versions of events and it was now down to the court to prove the tests were accurate.
He said: "You don't have to believe what Mr Cipriani says when he tells you how much alcohol has been consumed.
"The affect of Mr Cipriani's evidence is to challenge the presumption of reliability."
Senior District Judge Howard Riddle adjourned his verdict until Friday morning.
He said: "Mr Cipriani I really have to think about this, as you can see there is a lot of dense arguments put forward that has meant I can't give you an answer today. I regret that."
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The Wasps’ player allegedly gave a reading of 67 microgrammes of alcohol in 100 millilitres of breath at Hammersmith Police Station at around 7.30am on 1 June 2015.
Officers at the scene claim Cipriani, who said he was “startled” and “pretty shocked” that he failed the tests, had “glazed eyes” and stank of alcohol.
Defending Philip Lucas, the drink-driving specialist, argued that the Crown Prosecution Service (CPS) failed to provide “sufficient evidence” that the machine had been checked properly.
Senior District Judge Howard Riddle rejected the argument in April and today the Sales Shark fly-half appeared at Westminster Magistrates' Court for the fourth day of his trial.
Cipriani, wearing a tailored grey suit with a white shirt and red tie, told the court he had eaten sushi with three friends after driving to Eight Over Eight, in Kings Road, Chelsea at 8.30pm.
He said: “I ordered throughout the course of the meal two Espresso Martinis and that's what we had with the dinner.
“Throughout the night I had one vodka cranberry as well.”
The England international said he then left at around midnight and got a taxi to nightclub Libertine, on Winsley Street, Oxford Circus, to “catch up with some friends” but left after 20 minutes.
He told the court he then went to a friend's house where he slept for three and a half hours before going for a fry up at 24 hour restaurant VQ on Fulham Road, Chelsea, at 4am.
Cipriani – whose Mercedes was a write off following the smash - said: “I had a small like champagne flute for breakfast and two Espresso Martinis.”
He said he got a taxi to pick up his car before he set off to go on holiday, adding: “I felt fine, so I was going to go back to my house to get my bags for the holiday.”
Cipriani admitted a drink-driving conviction could affect his England career and celebrity endorsements during cross examination from prosecutor Katie Weiss.
Miss Weiss asked about Cipriani's driving when he crashed with Mr Qasim.
Cipriani said: “My car wasn't swerving and I wasn't driving at speed.”
In 2013 he was hit by a double-decker bus and had to be nursed back to health by glamour model ex girlfriend Kelly Brook.
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