MORE than 260 Hampshire motorists convicted of drink-driving offences look set to be let off because police used the wrong equipment.

At a test case heard by North Hampshire Magistrates Court, a district judge ruled that Hampshire police had accidentally used an intoximeter breathalyser for three years.

The device, which measures the amount of alcohol in the breath, contained software that had not received official approval from the Home Office.

Although the software contained in some of the machines had been approved, the one used at Andover police station, and Whitchurch police station while renovations were taking place at Andover, contained a slightly different type of software.

The rest of the motorists may now have their convictions quashed and the Crown Prosecution Service (CPS) is considering appealing against the decision.

Magistrates heard Richard Willis' case at Basingstoke Magistrates Court in April, but judgement was reserved until last Thursday.

The case was dropped against Willis, 31, of Middle Wallop, who was tested with the machine on August 3 last year, when it read that he had three times over the legal limit of alcohol in his breath.

Alistair Nisbet, head of the CPS special casework unit for Hampshire and the Isle of Wight, said the result would affect many people who had pleaded guilty to, or been convicted of, an offence based on evidence produced by the machine.

He added: "We have identified more than 260 drivers who may be affected and have written to them to let them know what has happened."