Blood 151

[cjstudley]

Hi it's been border line of 6 months that I have been charged for dui with blood being 151. I was police interviewed and no comment all the way.
It took 2 1/2 months for blood test. They didn't charge me and nearly 6 months later they have. There is no evidence (CCTV etc) I was driving, they never found keys on me, the blood is 10 higher than my sample. Will the CPS throw this out?

 

[SeanJoyceStephensons]

The police have 6 months to charge in a case like this and as long as it is done within that period then it is allowed. In respect of any delay in relation to the analysis of the specimen, it is not unusual for the result to take some time to filter through to the police station. It is very likely that the specimen was analysed some time earlier and that it was simply delayed in processing that result and forwarding that to the police. This is something that will need to be looked at but on the face of it wouldn't mean the CPS would drop the case.

The difference between the specimens could suggest that one of the methods of analysis used, whether that be your specimen or the police analysed specimen, could be unreliable. This would require further investigation and potentially disclosure of materials relating to the analysis.

Any evidential issues can also be considered. Whilst I do not know whether you were driving or not, the police need to have enough evidence so as to convince the court so that they are sure you were driving the vehicle. I would highly recommend contacting a specialist solicitor to discuss your case in more detail. You can do so on 03330093811.