Help wanted ref drink drive arrest.

[kdods]

Hi all, my partner was arrested today and provided a positive breath specimen of 69 mg.
He however was pulled over doing 29 in a 30 mile zone, not driving too fast or slow. The policeman then breathalised him and arrested him. At the police station he was not formally cautioned untill he was charged. He was not given a written note of rights and was not interviewed and no statement taken.
The address on the charge sheet is wrong even tho my partner gave them our correct address and a police officer attended to tell me what had happened. Also the intoximetre reading at 16.34 which was taken 9 minutes before his release at 17.43 had not had its time changed to bst and was one hour slow.
My partner is very remorseful and does not excuse his behaviour at all but will all of this this have a bearing on the case.

 

[Forum Moderator]

Hi all, my partner was arrested today and provided a positive breath specimen of 69 mg.
He however was pulled over doing 29 in a 30 mile zone, not driving too fast or slow. The policeman then breathalised him and arrested him. At the police station he was not formally cautioned untill he was charged. He was not given a written note of rights and was not interviewed and no statement taken.
The address on the charge sheet is wrong even tho my partner gave them our correct address and a police officer attended to tell me what had happened. Also the intoximetre reading at 16.34 which was taken 9 minutes before his release at 17.43 had not had its time changed to bst and was one hour slow.
My partner is very remorseful and does not excuse his behaviour at all but will all of this this have a bearing on the case.

As long as the police officer reasonably suspected that your partner was driving under the influence of alcohol then the requirement for him to take a preliminary breath test will have been legal. This perhaps could have been the police officer smelling alcohol or noticing your partner had glazed eyes or any number of other reasons.

No statements or formal interviews need to be taken from your partner in order to secure a conviction for drink driving. The fact that your partner was actually witnessed by police officers driving a vehicle and the fact that his evidential breath test showed he was clearly over the legal limit will have been enough evidence to charge him and subsequently seek conviction in a court of law.

Minor errors in the printout that the evidential breath testing machine produced will not invalidate the evidence it produced as long as it can be proved that the analytical function of the machine was calibrated and it was otherwise in correct working order. The same goes with the address, as long as it can be proved that it was your partner who was driving the car.