Blood sample in hospital

[GEORGE6712]

I was involved in an RTC where I turned across the path of a motorcyclist who collided with my car. He was taken to hospital and suffered serious but not life threatening injuries and could not give a specimen of breath due to the nature of his injuries. I have subsequently been charged with driving without due care. I asked the officer dealing with the case whether a blood sample was taken from the injured motorcyclist at the hospital for analysis. He said he did send an officer but by the time he got there some pain relief had been administered and because of this no sample was taken. I have spoken to one of the authorised laboratories for the blood/alcohol analysis for England and Wales and they have confirmed to me that pain relief should not inhibit the taking of the blood sample and would not affect the analysis. Could you confirm that a sample should have been taken and that the administration of pain relief should not affect the test.

 

[SeanJoyceStephensons]

It is a matter for the police whether they obtain a specimen of blood or not, whilst they were entitled to do so it is not a requirement. As far as I am aware the administration of pain relief would not have prohibited the obtaining of a specimen of blood and if a forensic analyst has confirmed this then there should not be any doubt over the issue.

If this matter is raised with your insurers then they may look into it from a civil point of view regarding liability. However my initial view from the information provided is that it is unlikely to make any significant impact upon the criminal proceedings. The requirement is for the prosecution to prove beyond reasonable doubt that your standard of driving fell below that of a reasonably competent driver. If you have turned across the path of an oncoming vehicle, which presumably had the right of way, then this test would be satisfied, irrespective of whether the other driver was over the legal limit or not.

The Court would also ask on what basis the allegation was made, e.g. could you smell alcohol on the other driver. If there was no suggestion that you think that he had been drinking, only that it is a possibility, then the Court will almost certainly disregard this as speculation.

 

[GEORGE6712]

Thank you Sean, most helpful