Breath test 50, asked to provide urine, only one sample was taken

Convicted Driver Insurance

mangomoose

New Member
Hello

I was recently breathalysed while driving back from my work leaving do.

I was undergoing something known as "Intermittent Fasting" which meant no food for 24 hours, and I had 3 espresso martinis in rapid succession.

I blew 50 at the station and was given the option to provide a different sample. I agreed to provide a urine sample, and the officer read out the proces distinctly mentioning 2 samples within a period of 1 hour.

I was taken to the toilet to provide the urine sample, where I was asked to urinate the "cream" for about 2-5 seconds, and then provide the second sample into the cup provided.

After reading about the process, my understanding is that the bowels are first emptied followed by a second sample of urine to be provided before the end of the hour. This never happened.

I am considering contesting the process if I am charged, but only will do so if I have a legitimate case due to the costs involved and the repurcussions of a lost case.
 
The two samples of urine must be two separate and distinct samples, not the same sample divided into two. There is very clear case law on this point. If you have effectively provided only one sample then it cannot be relied on in evidence by the prosecution and you would have a defence.

I suggest you call us for a more detailed discussion. This would be at no cost and with no obligation. It will enable us to give you more informed advice about the merits of challenging this charge. Our 24/7 national drink drive helpline number is 08450020736.
 
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