Police Procedure

Convicted Driver Insurance

tangyo

New Member
I was arrested for driving whilst unfit and taken back to the station where I provided evidental breath of 59. This was at 1am and I was held overnight for an interview in the morning. Prior to interview at 8am a police officer put a further requirement to me for blood as an 'Inspector' suspected I may be under influence of drugs also. I provided the sample and bailed. The result of the blood was negative.

I have researced RT Act and found that police can require a further sample of blood if a Dr belives the condition of the driver is due to drugs. My question is if the police have not acted correctly in requiring the sample of blood in that it was a police officer's decision rather than a Dr what are the impications for a court case? When the police have required the defendant to provide a sample of blood in accordance with section 7(3)c of RT act and also previously two samples of blood, which sample is used as evidence for the prosecution? Do the breath samples get scrapped and a back calculation has to be performed on the blood. Is there any precedence for this in a court case?
 
your case sounds like an interesting one although one that will need some careful legal research, the answer to your questions lie deep in the pages of road traffic manuals and I am sure that a case like Hyam would be of great help to this avenue. the law for the subject area can mainly be found on line but the case is often a lot harder to find, it then needs to be checked for relevance and whether it has been overuled or not. sorry to not provide a simple answer but the questions that you pose are technical and in depth. perhaps you could call our office and discuss the case further as i am sure that we would be able to help.
 
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