police procedures??!!

[FairJustice4All]

Hi guys!

1 - Can the police decline a request for a blood sample test from a driver wich readings from the breath test are higher then expected even if they are above 090 and when the driver as reasonable grounds to suspect that such high readings may be corrupted due to a recurrent stomach acids reflux for whom he is taking medication for over 3 years?

2 - If a driver as reasons to suspect that the police haven't follow all the procedures how/where can the driver ask/obtain a copy from cctv or car camera photage or recorded tapes to study and build a defense around that?

3 - When arrested and arriving to the police station a driver should be told of is 3 basic rights... When he asks to be assisted by a solicitor what is the maximum legal time he should wait until talk to a solicitor? If he arrived at the police station by midnight Saturday and talk to a solicitor in the phone by 8am Sunday morning is that acceptable procedure? And what about the right of ring someone to let them know he has been arrested? How long its reasonable for the police to delay it? And what if the police didn't show a genuine attempt to allow the driver to make the call by taking he's mobile phone of he's hand when he was manipulating the phone to retrieve the right number?

4 - If when arriving at the station the driver have asked for translation support because of he's foreign origine (altought resident in the UK) and the support have been provided by phone until the breath samples have been provided, shouldn't he been offered translation support as well in the morning when charged, been read the Notice of Intended Prosecution and bailed?

5 - finaly, hence the police station was at about 19 miles of distance from the scene of the ofence where the driver as been stoped, and where the car was remaining parked wich was a merely 100 yards from the hotel where the driver were suposed to stay overnight, is there enough reasonable grounds for the police to keep him in custody overnight on the grounds that he may ofend again?

thanks for your feedback and comments. Realy apreciate.

 

[SeanJoyceStephensons]

I will answer your questions in order:
1) Yes, the police can refuse your request for a blood test when your breath alcohol reading is more than 50mg of alcohol in 100ml in breath. Only where your breath reading is between 40 and 50mg do you have the right to replace the breath sample with a sample of blood or urine. It is then for the police to decide whether it should be blood or urine that is taken. The police do have a power to request blood or urine where is is impractical to take breath (for example if no breath machine is available) or where there is reason for the police to beleive that the breath samples supplied are unreliable. The police are unlikely to do this simply on the basis that the breath reading supplied is higher than you expected it to be.

2) If you beleive the police have not followed the correct procedure then this could be a ground to argue that evidence unlawfully obtained ought to be ruled inadmissible. There is a long history of case law as well as legislation to be considered and courts will often request that you serve written skeleton legal arguments in advance of the hearing. I would recommend you take legal advice before embarking on that course. However, if the CCTV you refer to is the CCTV from the police station then you should initially write to the police informing them you require the CCTV, providing the date, time and location. Do this straight away. This should mean that the CCTV evidence is preserved. After charge you should request this evidence from the CPS.

3) You have a right to free and independent legal advice over the telephone, as soon as it is practical for you to do so. The length of time will vary depending on the circumstances. There is no specific length of time that the police can delay it for. You also have the right to have someone informed of your arrest. You do not have the right to a phone call yourself. The police will remove things like mobile phones from you routinely when under arrest to prevent you making calls yourself and to preserve evidence.

4) In short, yes. If you do not fully understand what is being said to you due to a language barrier then you should be provided with an interpreter.This is provided over the phone when being asked for a breath sample. If you did not understand the procudure and warnings that were given to you because you were not provided with an interpreter then you should take legal advice about this before going to court.

5) The police will keep you in custody until you are sober. They will usually keep you in custody until you are back below the prescribed driving limit. This is so that they can be satisfied you understand the procedure when being charged and will not get back in your car and drive again whilst still over the legal limit.