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Thread: Procedural error

  1. #1
    dhowe111 is offline New Member
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    Default Procedural error

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    Hi, I was arrested for a drink driving offence last week and there is a procedural error that I would like to get some advice on please,

    my breath reading was 77 but I was not made to wait 20 mins from answering yes to one of the questions on the form beginning with "have you in the last 20 mins"

    I answered yes to using my inhaler which contains ethanol

    that form was singed 3 minutes before the time time stated on the camic print out

    would an error like this possibly invalidate my charge?

    any help would be greatly appreciated


  2. #2
    Join Date
    Nov 2008
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    I represent people accused of road traffic offences all over England and Wales
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    Default Re: Procedural error

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    That is something that would need insight from a forensic toxicologist. There may be an issue with the presence of mouth alcohol as a result of the ethanol in the inhaler. On the face of it I feel it is unlikely to have been the difference between the reading being over the limit or not but this could be indicative of other, more important procedural issues not being followed. Also, the Camic Datamaster machine is one of the better devices for detecting mouth alcohol and it would almost certainly have indicated the presence when the result was provided if indeed any was present. Simply not waiting in those circumstances would not automatically invalidate the procedure.

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