A TEST case that could result in the convictions of more than 250 people for drink-driving offences being overturned started at Basingstoke magistrates' court yesterday.

The case centres around an Intoximeter, which measures the proportion of alcohol in the breath, used for about 32 months at Whitchurch and Andover police stations. The particular model was found to be using a different variation of the approved software.

District judge Gareth Cowling heard that Richard Willis, 31, of Middle Wallop, was tested with the machine on August 3 last year and it read that he was three times the legal limit. He has pleaded not guilty to drink-driving.

Adrian Fleming, representing Mr Willis, did not question the reliability of the reading but argued that under the Road Traffic Act 1988 the model of the Intoximeter was not approved and therefore the samples were not admissible.

"If someone were to say it's the same as the one that has been approved and it works just as well, one is driving a coach and horses through the whole purpose of the Road Traffic Act," he said. "If that's the case, we'd go back to the days of asking someone to walk in a straight line and say that is admissible."

However, Giles Cockings, prosecuting, said the difference between the Andover Intoximeter and the approved machine did not make any difference in this case and that the purpose of the act was to ensure consistency across the country.

The case was adjourned until a later date