Drunk in charge - are proecudral errors really a thing

Convicted Driver Insurance

lordnolo

Active member
Hi - I was recently arrested for being drunk in charge ( I was not driving the vehicle and had no intention to drive it but because the engine was running I was arrested). In the police station I was unable to provide an evidential breath test despite attempts due to difficulties breathing (i suffer from asthma) and couldn't provide a blood test as the medical professional could not find a vein. So submitted a urine sample. This was one sample into a bottle (the practice sample) and then a minute later I was asked to provide another sample. Before my breathlyser test the police did not ask me whether In the last 20 minutes I'd done any of the following:
"Have you in the last twenty minutes:
consumed any alcohol?
used any mouth spray?
used any mouth wash?
used any medication?
eaten anything?
inhaled anything?
taken anything?

I have now been released without charge pending the results of an investigation while the police wait for the urine sample.
Reading various websites on the internet it seems that not asking me the above questions and making me provide urine samples so quickly indicates procedural errors which would lead me to having a defence. Is this right?
 

Martin Hammond

Solicitor
Good evening.

That is a very big question. In short there absolutely could have been procedural defences but the brief description you have given isn't really enough for me to say you should defend the matter. They do have very strict procedures to follow and it does seem that they have deviated from them so I would suggest seeing if they do in fact charge you and if so instruct a road traffic law expert to take full set of instructions from yourself and begin your defence.

Best regards
Martin.
 

lordnolo

Active member
Good evening.

That is a very big question. In short there absolutely could have been procedural defences but the brief description you have given isn't really enough for me to say you should defend the matter. They do have very strict procedures to follow and it does seem that they have deviated from them so I would suggest seeing if they do in fact charge you and if so instruct a road traffic law expert to take full set of instructions from yourself and begin your defence.

Best regards
Martin.
Thank you Martin for the prompt response - I'm going to write to them to obtain the CCTV and custody documents and build from there.
 

lordnolo

Active member
Hi Martin - I've now had an email from the duty solicitor stating that the police have been contacted by the officer involved in my case regarding some further evidence that has now been obtained which is CCTV from the council cameras in the town centre which they would like to put to me. I'm paranoid that they want to upgrade my potential charge to a drink driving one and have no idea what's in this footage. Is it worth me attending or is there the risk of incriminating myself if I do?
 
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