No roadside breath test uk?

[Alicat]

Hi. Posting on behalf of a friend so not all details known. She was pulled by police for driving under influence but they did not breathalise until they took her to police station? Is this correct procedure? She was apparently pulled for erratic driving but said they asked her into police car under suspicion of drink driving but did not breathalise until at station? Her reading was 65 so obviously well over limit. reason for choosing to drive was that it was a family funeral, ending with dispute, and friend deciding to get away from the aggro and drive home. Very wrong but she is a carer, holds 2 jobs, and has other family commitments. Any help pls???????????????????

 

[SeanJoyceStephensons]

In all honesty it is impossible to say at this stage whether the failure to take a roadside breath test would constitute an abuse of process. The only way anyone would be able to definitively advise your friend of this would be to review the prosecution papers.

Your friend clearly has significant mitigation in her case and it may be worth securing representation for the Court hearing to try and minimise the length of the ban if there are no grounds to enter a not guilty plea.

If this is something either you or your friend would like to discuss in greater detail then please feel free to call my office on 0845 002 0736 and ask to speak to Alex