arrested on a private drive

[iant9532]

Hi I was arrested for attempting to drive on a private road, failed the roadside bt, and was then taken to station for another test, I blew 78 and on second attempt the macheine broke so was told that I would have to give a blood sample. The time between my arrest and blood sample well exeeded 3 hours. do either the fact that i was on a private road and the time between arrest and sample have any implacations. I am currently on bail waiting for the bllod test results. Many thanks

 

[SeanJoyceStephensons]

Thanks for your post.

The fact that you were on a private road is relevant. From what you are saying the likely charges the police will consider are driving with excess alcohol or being in charge of a vehicle whilst unfit through drink.

Both offences are only committed if they take place on a road or other public place. The definition of public place is somewhat vague. The key test is the extent to which ordinary members of the public have access to the place in question.

I would need more information regarding the road in question before I could properly advise you.

With regard to the timings, strictly speaking there isn't a time limit for the taking of the specimen. However, the more time that passes between the conclusion of your drinking and the taking of the specimen, the lower the reading should be.

Were you provided with your own blood specimen? Did you have it analysed?


Kind regards,


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce