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Thread: Involved in crash, blood taken at hospital

  1. #1
    kenny1234 is offline Member
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    Default Involved in crash, blood taken at hospital

    Can anyone help me .. 7 weeks ago was involved in car crash nobody hurt just car is written off. did not get breathalysed as police got report from witness that i stole the car (it was my own car) so was arrested but while getting arrested officer hacked my leg resulting in a gash near my eye and me fainting, sprayed with cs gas and breathalyser forced in my mouth which obviously i couldn't take. Long story short i was taken to hospital blood was drawn after 6 hours of me been there. I was given loads of water and even given a dehydration dip (IVF) as i was dehydrated. My mate who was in the crash was breathalysed at 65mg (5.30am time of crash) and he had 2-3 more drinks than me and we drank single vodka and coke. around 10 units. we left the club at 2.30am and i was tested at 11.30am. I am still waiting on results do you think i will pass or is there a slim chance my solicitor strongly believes i will and do think they will do a back calculation however nobody was hurt only my car involved. I have emailed the officer in charge no reply and i under investigation for refusal to provided a specimen. i am not under bail so will they contact me or will i just be forgotten about by the met police.

    I am 25 years old 6'1 weighing 84kg athletic built , ex footballer and a personal trainer , i am not a regular drink i have a high metabolism rate. My friend tested is only 5,7 and also athletic built, dont know if that helps the rate. i have eaten before going out at 8.30pm and eaten a burger at 3am.


  2. #2
    price1367 is offline TTC Group Associate Director
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    Default Re: Involved in crash, blood taken at hospital

    If what you have said is accurate then you should be under the limit. With no injuries, most police forces would not bother with a back calculation but some forces, however, routinely do in most cases. If they do then you would have a problem.
    i am not clear about the "under investigation for 'refusal to supply a specimen'... I think you mean the failure to provide at the roadside. Generally CPS do not proceed with a failure to provide at the roadside if the subsequent sample is shown to be under the limit, but as it seems that there was a struggle at the roadside at the time of the roadside sample being requested then the police may be keen to press for this to go ahead on its own. If they do, and you are convicted, then it carries a punishment of 12-36 months or in exceptional circumstances 4 points and no ban.

  3. #3
    kenny1234 is offline Member
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    Default Re: Involved in crash, blood taken at hospital

    Hi thank you for the reply as i can see from the forum you are the person to talk to. How long would the police take to get back with a blood test it is been nearly 8 weeks now and i was told it take 4 weeks maybe less, also it was done by the met police do they regular do back calculation if you know. i was only asked in a interview of when i had a drink not what i ate etc, i said i had a drink night before as i couldn't remember the night due to everything happening. Also the police was very aggressive to me as they had a report of a stolen car. i did not refuse to take the test, my head was cut open due to one of them hacking my leg and cs gas was in my eyes and mouth , i have picture to prove the injury and i fainted on the floor due to the impact and shock of my head injury so i was taken to hospital for head cat scan and shoulder scan ... so was not in capable condition to take it. the officer says in his statement that he try to force the breathalyser in my mouth as he thought he smelt alcohol on my breath and off tape of course, one of the officer said he was only so aggressive as i moved away and they thought i was trying to get away as they thought i stole the car but obviously i was scared as i have never been in trouble before.. My solicter confident that if they try to press refusal to supply a specimen it would not go far due to what happened.

  4. #4
    kenny1234 is offline Member
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    Default Re: Involved in crash, blood taken at hospital

    Quote Originally Posted by kenny1234 View Post
    Hi thank you for the reply as i can see from the forum you are the person to talk to. How long would the police take to get back with a blood test it is been nearly 8 weeks now and i was told it take 4 weeks maybe less, also it was done by the met police do they regular do back calculation if you know. i was only asked in a interview of when i had a drink not what i ate etc, i said i had a drink night before as i couldn't remember the night due to everything happening. Also the police was very aggressive to me as they had a report of a stolen car. i did not refuse to take the test, my head was cut open due to one of them hacking my leg and cs gas was in my eyes and mouth , i have picture to prove the injury and i fainted on the floor due to the impact and shock of my head injury so i was taken to hospital for head cat scan and shoulder scan ... so was not in capable condition to take it. the officer says in his statement that he try to force the breathalyser in my mouth as he thought he smelt alcohol on my breath and off tape of course, one of the officer said he was only so aggressive as i moved away and they thought i was trying to get away as they thought i stole the car but obviously i was scared as i have never been in trouble before.. My solicter confident that if they try to press refusal to supply a specimen it would not go far due to what happened.
    i am not charged with anything forgot to mention that

  5. #5
    price1367 is offline TTC Group Associate Director
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    Default Re: Involved in crash, blood taken at hospital

    I would be very surprised if the Police tried to prosecute you for failure to provide at the roadside, in the circumstances that you have detailed. They may have been acting reasonably at the time, if they believed that the car was stolen, but now the circumstances are clear, I think they would rather the whole thing be forgotten.
    i do not think that the Met routinely do 'back calculations'.

  6. #6
    kenny1234 is offline Member
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    Default Re: Involved in crash, blood taken at hospital

    Quote Originally Posted by price1367 View Post
    I would be very surprised if the Police tried to prosecute you for failure to provide at the roadside, in the circumstances that you have detailed. They may have been acting reasonably at the time, if they believed that the car was stolen, but now the circumstances are clear, I think they would rather the whole thing be forgotten.
    i do not think that the Met routinely do 'back calculations'.

    Thank you you have been really helpful. one last thing , on my release sheet it says the police will be in contact in the future regarding any possible action against me. it been over 8 weeks now will they contact me or just not contact me at all as I am not on bail ?

  7. #7
    price1367 is offline TTC Group Associate Director
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    Default Re: Involved in crash, blood taken at hospital

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    All that I can say is that they have 6 months commence proceedings against you should they decide to do so.
    i would always advise people that I dealt with if no further action was being taken, but as you were not bailed, just released then there is no obligation for the Met to be in touch unless action is being taken.

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