Procedural Error?

[charlie_k]

Hi...

I recently got stopped on suspicion of drink driving. No test offered at roadside but arrested and taken straight to the station (I now learn they can do this). At the station I refused to offer a sample. I believe I was suffering mental health problems at the time. However my solicitor has advised me that I have a low chance of getting off based on this defence, it would cost quite a bit of money to get medical reports done, and has advised me to change my plea to guilty. Fair enough...

However on receiving the statement by the police and their account of events, they admit to forgetting to ask me in the breathalyser room whether I had any medical reason for not being able to supply a sample. According to the statement they then later came to my cell to ask me this "forgotten question" to which they say I replied "no answer". I am just wondering if this would amount to a procedural error? Would they not need to provide cctv evidence from my cell to back up their claim that they asked me this question, or as ever, is it simply enough to "have their word" that they did eventually ask me this question? Thanks

 

[SeanJoyceStephensons]

I'm afraid that I will need to keep any answers quite general as I do not want to second guess any solicitor that you have instructed. They will have had the benefit of taking detailed instructions from you and having reviewed the papers on the file so any advice they give will be more informed.

On the issue of evidence, the police are entitled to give written evidence to say that they have done something. If you dispute that this has in fact been done then you can request that the officers attend trial (provided you plead not guilty) so that your solicitor could cross examine them on this point. You could then also request any CCTV footage that my have covered the cell itself, although it is not guaranteed that this will be available.