Caught, breathalyzer broken,urine tested, advice needed..

Convicted Driver Insurance

agad

New Member
Hi , after having few drinks THAT night , and having drinking the night before, my partner was driving my car (uninsured ;/). We were stopped by the police, his breath was tested and he was over the limit.. He was taken to the custody and police tried to check his breath again, but the machine was broken. He was offered blood or urine test, so he choose urine. They took two samples in an hour of difference,first discarded, the second splited into two cups, one for police one for him..
At the moment we waiting for the results from police..For the moment is all mystery, because we don't know how much over the limit he could be ..

My questions are :
1) Did police followed the procedure correctly ? ( just taking urine sample)
2) Did alcohol consumed the night before could still be in the urine and can change the result? (can u question that?)
3) Is there any chance to consider the fact that only urine was tested and that is not that accurate test?

Any information will be helpful.

Thank you , agad
 
agad said:
Hi , after having few drinks THAT night , and having drinking the night before, my partner was driving my car (uninsured ;/). We were stopped by the police, his breath was tested and he was over the limit.. He was taken to the custody and police tried to check his breath again, but the machine was broken. He was offered blood or urine test, so he choose urine. They took two samples in an hour of difference,first discarded, the second splited into two cups, one for police one for him..
At the moment we waiting for the results from police..For the moment is all mystery, because we don't know how much over the limit he could be ..

My questions are :
1) Did police followed the procedure correctly ? ( just taking urine sample)
2) Did alcohol consumed the night before could still be in the urine and can change the result? (can u question that?)
3) Is there any chance to consider the fact that only urine was tested and that is not that accurate test?

Any information will be helpful.

Thank you , agad
Click to expand...

Hi,
I am no expert but would like to share something I learnt on the DD course. Firstly the police in my experience can obtain proof the person has excess alcohol in their system by whatever means they see fit and by all accounts they are pretty accurate.
Secondly I was arrested the following evening I drunk plenty the night before and only had a couple the night I was arrested. So yes alcohol stays in your system a damn sight longer than you would ever think and only time gets rid of it nothing else.
The tests the police have are pretty accurate however I have read some peoples stories where their readings have been questioned.

If the person driving was over the limit and has been caught the best thing for you to do is accept it rather than contest it. This person like me and so many others has been caught for a reason.
Whatever our story, no excuse.
 
thanks for sharing, but i have read a lot about the urine blood test and about it accuracy, and there is a lot af doubts ,about the result from urine.. if u can detect the alcohol consumed 4 days ago, what is the proof.. i know that this is uk law, but in many countries they resigned from the urine test saying that is not accurate.. i just have a hope.. but would like to hear also someone who is the expert as well.. we are so stressed .. as everyone here..
 
well best of luck, I hope you get the result you hope for. If you believe you are right and feel you have done nothing wrong, the driver was not over the permitted DD limit and was legally driving you go for it and contest everything. Only from my own experience and everyone elses on this forum police don't pull you for nothing usually, if you are right and all is dropped, that would be great!!!! please let us know, good luck
 
This forum is a really good thing, i seached all interned in the last couple of days and see people who were caught and talking about so openly..just wishing for a miricale.. will let know..
 
agad said:
Hi , after having few drinks THAT night , and having drinking the night before, my partner was driving my car (uninsured ;/). We were stopped by the police, his breath was tested and he was over the limit.. He was taken to the custody and police tried to check his breath again, but the machine was broken. He was offered blood or urine test, so he choose urine. They took two samples in an hour of difference,first discarded, the second splited into two cups, one for police one for him..
At the moment we waiting for the results from police..For the moment is all mystery, because we don't know how much over the limit he could be ..

My questions are :
1) Did police followed the procedure correctly ? ( just taking urine sample)
Click to expand...

In cases where a reliable evidential breath testing device is not available for use because it is broken or not working correctly then the police are within their rights to require an alternative specimen of blood or urine for analysis. This is correct procedure.

agad said:
2) Did alcohol consumed the night before could still be in the urine and can change the result? (can u question that?)
Click to expand...

This could be possible, however it does not provide any kind of defence to the offence committed. Many people have been convicted of drink driving the morning/day after the night before.

agad said:
3) Is there any chance to consider the fact that only urine was tested and that is not that accurate test?
Click to expand...

If your partner was given a part of the urine sample that was taken, I would advise you have it independently tested. You can find a list of road traffic analysts along with their contact details here. If your partner does this and there is a significant difference between the alcohol levels reported by the police forensic analyst and the independent analyst then you may be able to challenge the accuracy of the police forensic analysis. The police forensic analysis of the urine sample will be considered accurate unless your partner (the defence) can prove otherwise.
 
he got the sample , but we were so stressed and only now we just realise we should checkthe sample on our own.. but i presume is to late now.. we still have it but it was kept in a room temperature and it has been already 5 days.. to late.. shame..
 
Forum Moderator said:
In cases where a reliable evidential breath testing device is not available for use because it is broken or not working correctly then the police are within their rights to require an alternative specimen of blood or urine for analysis. This is correct procedure.



This could be possible, however it does not provide any kind of defence to the offence committed. Many people have been convicted of drink driving the morning/day after the night before.



If your partner was given a part of the urine sample that was taken, I would advise you have it independently tested. You can find a list of road traffic analysts along with their contact details here. If your partner does this and there is a significant difference between the alcohol levels reported by the police forensic analyst and the independent analyst then you may be able to challenge the accuracy of the police forensic analysis. The police forensic analysis of the urine sample will be considered accurate unless your partner (the defence) can prove otherwise.
Click to expand...


read so many times............people desperately looking for a flaw, loop hole or way out. Accept it and learn from it ....best thing you could ever do x
 
We' ve received results from the police today. 2 charges:
1) drive motor vehicle when alcohol level above the limit- this penalty carries penalty points The level of alcohol in urine was 204mlg.
2) use of a motor vehicle on a road without third party insurance . this penalty carries penalty points

How many points for each charge he can get?
For how long he might be banned ?

Any helpful answers ??
agad
 
Adad,

Drink driving carries a mandatory ban, and NO points. With a reading of 204 in urine, the range of disqualification will be 17 to 22 months for a first time offence.
This could be reduced by up to a quarter if he is offered and accepts a Drink Drive Rehabilitation Course.
No insurance would normally carry 6 to 8 points, but as both cases will be heard at the same time, the disqualification will take precedence, so the conviction will be shown, and be discloseable for insurance purposes, but no points awarded.
 
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