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Thread: Confused

  1. #1
    mark8763 is offline Member
    Join Date
    Nov 2011

    Default Confused

    I was stopped by police outside my home the other night & given a breath test & found to over the legal limit (what an idiot i am), I was taken to the station for more details tests, the first & second breath test on the stations did not record the results correctly & the machine became faulty inbetween the two tests, i was at this time i waas told the breath test results could not be used, so i was given a blood test, the blood test was completed by the on shift doctor, the doctor then completed the form stating the date/time the samples were taken, once he filled out the form, i noticed that he had stated the date & time which was 24 hours before the blood sample were taken, a copy of this form was then put in the bag with police sample & sealed,(whilst i know i am gulity of the drink driving offence), if the date & times stated are not the same, does this mean the results can not be used.

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

    Default Re: Confused

    Convicted Driver Insurance Quotes
    The prosecution must prove the continuity of the blood sample. This means that they have to prove that a blood sample was taken from you during the procedure at the police station whilst you were under arrest at the time and date stated and that this was the same sample analysed in the laboratory. If a mistake has been made then, on the face of it, it sounds as though the date and time stated on the evidence label was before the alleged offence. Any doubt about the reliability of evidence in this way could raise an admissibility argument.

    You would have to argue that the sample should be exluded in evidence. The success of this argument will depend on the response of the prosecution once you raise the argument and the documentatary paper trial that the police produce in evidence.

    A specialist drink driving solicitor would be able to review the evidence and tell you what sort of prospects of success you have. However, you would need to arrange this before your court date.

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