Evidential Breath Test Issue

Convicted Driver Insurance

Steve Harper

New Member
Hi,

My partner was arrested for drink driving last summer whilst driving home. The police carried out a roadside breath test (which she failed) and as a result of this she was taken to the custody suite at Middlewich, Cheshire.

She was released 12 hours later having been charged with a breath test of 72mg and given a court date.

She did not ask for any legal representation at the police station and 3 weeks after being charged she pleaded guilty in court, July 2018. She was fined, given a 20 month ban and offered a drink driving awareness course that would reduce the period of the ban.

The drink driving awareness course started last week. During the first hour of this course each person was asked to give an account of their arrest from the point the police first became involved to being charged and released from custody.

My partner explained that she had been pulled over for a faulty brake light, the police suspected she had been drinking so she was given a breath test in the police car which she failed. She was then driven to the police station were she was searched and placed in the cells for 12 hours before being released the following morning.

The member of staff conducting the course asked my partner to describe the “evidential breath test procedure” at the police station. My partner replied “what do you mean?” My partner is adamant that No evidential breath test took place. She assumed that the charge of drink driving was due to the failed roadside breath test. When she arrived at the police station the two officers took her to the desk and informed the desk sergeant that she had given a positive test of 72mg.
The 2 officers then left and the desk sergeant ask her to remove any jewellery and belongings which he put in a bag and she was taken straight to the cells.

My partner has never been arrested before and would not have known the correct procedure for obtaining an accurate breath test so she wouldn’t have given it a second though. The road side test (according to the 2 officers) was over the legal limit and that was that.

So; either my partner has completely blanked out the evidential breath test at the police station OR no evidential breath test ever took place. My partner seems to remember every detail of what happened that afternoon except blowing into the LION intoximeter (a process that would have taken at least 30mins)

There is a possible explanation. My partner says that when she arrived at the station it was very busy and she was in a queue with the 2 officers waiting their turn to speak with the desk sergeant. During this time she chatted and the 2 officers about how long she would be in custody and how to get her car back later. When it was their turn the officers told the desk sergeant that she had “blown 72mg” He may have assumed that they meant this was the lower reading from the LION machine. After that the 2 officers left. Remember, the station was busy and for all the desk sergeant knew they had already carried out the proper evidential test.
She was put in the cells and released the next morning

If there was no evidential test then there would be no MGDD/A

I know that the limit for appeals is 21 days but to put my mind at rest how can I apply for a copy of the MGDD/A ?

Cheers
 
You are correct in stating that the appeal deadline has passed. This puts your partner in obvious difficulty. Of further significance is the fact that she entered a guilty plea meaning that an appeal against conviction would not be open to her.

From experience, I feel it would be very unlikely that a charge would have been laid without an evidential specimen. Cases like this are prepared for court by CPS staff who generate a file called 'Initial details of the Prosecution Case' (IDPC). It would be very unlikely that the case was prepared for a hearing on the basis of a charge that required an evidential reading without the CPS considering the evidence to be advanced. I appreciate that this may have happened as mistakes can certainly happen and if you wish to obtain a copy of the IDPC (potentially including the MGDD/A then you may be able to get that directly form the CPS by writing to the local CPS office for a copy. You can find contact details here: https://www.cps.gov.uk/contact
 
I have been reminded that it may be more appropriate to apply directly to the police station for a copy of your partner's custody record. That may be more easily obtained. That should detail her time in detention and whether she was taken to an evidential breath testing room and is at the very least a good starting point to help you clarify matters.
 
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