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Thread: roadside breathalyser v evidential breathalyser ?

  1. #1
    simon61 is offline New Member
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    Default roadside breathalyser v evidential breathalyser ?

    Hi
    if a roadside breathalyser was 70 but breathalyser at police station was 0 five times ( this was approx 2 hours later) then a blood sample was taken , which test is most accurate.
    The blood sample was taken 9 weeks ago and have heard nothing .Should i chase the result or just wait?
    Any advise gratefully received.


  2. #2
    Join Date
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    I represent people accused of road traffic offences all over England and Wales
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    Default Re: roadside breathalyser v evidential breathalyser ?

    A roadside specimen is not evidential and not as accurate as the police station machine. It sounds like there may have been an error with the police station machine hence the reason why blood was taken. Once the process moved from breath to blood then the breath reading is left behind and the police will be entitled to rely on the blood result. The police have 6 months from the date of the initial incident to lay a charge. A wait of 9 weeks is not completely unusual. My advice would be to wait until you are contacted.
    Last edited by SeanJoyceStephensons; 09-18-2018 at 08:19 AM.

  3. #3
    simon61 is offline New Member
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    Default Re: roadside breathalyser v evidential breathalyser ?

    Many thanks for the reply.
    Still heard nothing and is now 10 weeks from the incident.
    It has been suggested that the delay my be due to the police requesting a count back as the blood sample was taken 5 hours after the roadside test.
    Is this likely?
    Also how long do the police have to charge you?
    Thank you again.

  4. #4
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    Default Re: roadside breathalyser v evidential breathalyser ?

    It can be anything up to 6 months form the date of the incident before a charge is issued so there is still plenty of time for that. For a back calculation the police will need to have taken details regarding your height, weight, specific alcohol consumption and timings. If that was not done then this should not be happening.

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