Station Breath Test Broken - Procedure

Convicted Driver Insurance

louise1978

New Member
I hope you can help. My friend was pulled over before Christmas in a random stop for drink driving on his way to work at 7am in the morning. He did a roadside breath test and it was positive (from the night before). At the station the official breath machine was broken, so they asked if he wanted to do a blood sample or a urine sample. He did a urine sample. He was then bailed and released. He went back to the station for results after Christmas which were 124/100 urine. So he has been charged. My question is, is this allowed in terms of following procedure? He had done nothing to warrant a stop and then never had an official breath test. His livelihood depends on his ability to drive and he's never been in trouble before (not even for speeding). I was simply trying to find out if he would benefit from legal support as he is intending to appear at court by himself and plead guilty. Many thanks.
 
The process of taking a urine sample and testing it is a complicated one and the police can can sometimes make mistakes in this testing process but a review of the papers at Court would be the only time this could be looked at in detail. Unfortunately the fact that the police stopped him in a random check is very unlikely to constitute a defence.

Even if there are no grounds on which to put forward a not guilty plea it can still be worth having a solicitor attend Court and prepare the case to minimise the length of the disqualification.

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