Apparent drug driving.

[Agastardriver]

Hi martin i have a query regarding the legality of the police taking my blood for analysis after i was stopped and accused of drug driving.they did a roadside test and said that i failed.. the police then arrested me and told me i had to give a blood sample as i had failed the roadside test. At this point they informed me that as i had failed i could not refuse the blood sample other wise i would be breaking the law..i asked to see the failed test as they still had not shown this to me but they just repeated that i had failed so could not refuse so i gave a sample...my question is of they cannot produce evidence of me failing the swab test do they have the legal right to use my blood which i did not consent to them taking as evidence...cps have sent all paperwork to myself and the only evidence they have is my blood sample there is no evidence other than the officers word that i failed the prelimanary roadside test. I have gone not guilty on the grounds tthey have no evidence other than blood taken without consent..should this case be thrown out and how do i approach the cps to get them to back down before the trial date.
Thanks in advance.
Rich.

 

[Martin Hammond]

Good afternoon.

Sorry but don't think it's a very strong defence. Even if you had failed the roadside test they can still continue with the procedure on the basis they suspect you to be under the influence.

If that is your only defence I would not personally keep running to trial and losing your credit.

Kind regards
Martin.

 

[Agastardriver]

All officers inc sergeant have said i did not seem to be under influence from drink or drugs i had not been smoking anything that day and i had not got anything on me at the time.i do self medicate with cannabis before bed to aid my sleeping as i suffer witb my back and arthritis. So all parties agree i wasnt impaired but they are still trying to ban me. I am self employed and also care for my partner and thre children so i cannot accept the charges against me.i have also challenged my blood results as they are incorrect.would you still give the same advice.

 

[Martin Hammond]

My advice would not change, no. When the police are at trial I am sure they will be saying they suspected you of driving under the influence and the positive blood test confirmed there suspicion.

 

[Agastardriver]

Thanks for the replies.The police have already stated on their paperwork that i did not seem to be under any influence of any drink or drugs the reason for the test is they asked me if i had smoked any cannabis anfd i replied yes last night as i was sleeping in my van. I was lead to believe that without the positive swab test as proof they could not legally take my blood and as i was told i had failed i had no choice but to give a blood sample.. i smoke around 1 gram or less at night to aid with sleep so my blood would have a small amount in my blood but 12 plus hours after smoking and sleeping for 8 of those hours i cannot see how i can be avcused of being over the limit as all experts claim cannabis does not have an effect after 6 hours of consumption.i habe followed the rules as far as i was aware..