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Thread: Police have lied about what time they took my blood

  1. #11
    price1367 is offline TTC Group Associate Director
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    Oct 2012
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    Telford, Shropshire
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    1,790

    Default Re: Police have lied about what time they took my blood

    The 120 is something of a red herring as it was not on an evidential breath test device.
    the police version is that you provided a blood sample at 1.10am and it showed 184 in blood.
    backtracking 3 hours they say that your reading 3 hours before would have been 120.
    your version is that you provided a sample at 12.10am and it was 184, so when you were driving TWO hours before it would have been higher, at about 140. Either way, you were not drunk so why would the police officer say that you were?
    it really doesn’t matter when you had your fingerprints and DNA taken. Presumably the time for this was recorded on the custody record and you have timed it by a clock that may or may not have been reading correctly.
    I will stress it again, you need to concentrate on what evidence you can gather to show that you consumed alcohol after driving, AND that it made the difference to you being over the limit. That is what your “hip flash defence” relies on. Anything else is spurious and diverts you from what you need to do.


  2. #12
    Reuser2003 is offline Member
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    Apr 2018
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    8

    Default Re: Police have lied about what time they took my blood

    The time for my DNA and finger print tests is 1.30pm on the Tuesday... they actually took them the previous evening. Well, the Nurse did.
    The Rox report does back my claim, but just. However the fact is I could have had another large glass of wine before I drove home and still have been under the limit comfortably.
    With a back calculation time line is all important and the police have been willing to lie about this.
    Also they ignored the evidence which of course would have helped my case when I had not been charged... so it was their responsibility to interview witnesses and gather CCTV. Their job is to investigate the claim, not to prove someone guilty or innocent.

  3. #13
    price1367 is offline TTC Group Associate Director
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    Telford, Shropshire
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    Default Re: Police have lied about what time they took my blood

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    I have already explained the law in respect of hip flask defence. They have evidence from the witness that you smelled of intoxicants, and a reading showing that you were over the limit. The case is then made out. It is for the DEFENCE to shown that the presumption that what is in a persons sample when they are tested is what was in their body when they drove.
    This is a quote from a leading defence company on this:
    You may think this is simple; you just tell the Court you had a drink when you got home/to the pub/reached your friend’s house and that you would have stayed the night or got a taxi home. After all, how could the prosecution prove that isn’t what happened?
    However, this is where the burden of proof shifts. It is generally for the prosecution to prove the accused’s guilt. But this burden of proof sometimes switches to the accused, so the onus is on them to prove what they are saying in their defence.
    When someone wishes to rely on the defence of drinking alcohol after they drove, it is up to them to provide evidence of this to the Court. The Court must be convinced that it is more likely than not that this is what actually happened.
    https://www.sleeblackwell.co.uk/lega...-flask-defence


    Drink driving in this respect is different to other cases where the police investigate all circumstances before deciding to charge. Your solicitor, if competent, should realise this and be helping to focus on the points that need to be proved for your defence to succeed. If you do not have a solicitor then I would urge you to get one to help with the legal points. The other issues you have talked about are fine to get sympathy from your mates in the pub, but they will not assist with your case in court.
    i am not trying to be dismissive about what you say happened. Just trying to get you to realise that they are irrelevant to the outcome in court.
    I have extensive experience in working in a Custody environment (albeit not in Kent) and was surprised when you said that your fingerprints were taken by a nurse. Just out of curiosity, I have checked with Tonbridge custody unit and as I thought, there is no way that a nurse has ever been trained or would be authorised to take fingerprints from a suspect. It may be that your recollections of the events are not as clear as you thought.

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