Deleted member 18692
Hi
Yesterday my partner was stopped by the police as a result of a broken break light at the back of the car. When he was stopped the officer asked him to step out of the car to show him the broken break light. The officer then asked him to wait by the car as he went back to his police car. The officer came back and then made my partner submit to a roadside test after being told to refuse would be an arrestable offence. Before this test the officer expressed no suspicion or belief that my partner had a drug in his body or was under the influence of a drug & as this was a first time being stopped by the police my partner was nervous and scared with of the threat of arrest so went along with the test. The roadside test came back positive (my partner had smoked some cannabis around 6/7hours earlier). He subsequently was brought to the police station to have his blood taken for analysis.
Whilst he smoked earlier in the day the officer stopped his car due to the broken break light and whilst discussing the broken light, the police didn't raise any suspicion or belief he had a drug in his body or was under the influence of a drug before asking my partner for a roadside test.
Whilst he is waiting for his blood test results (apparently up to 4 months) my question here is does he have a defense in that he was stopped for a broken break light and threatened with arrest out of the blue if he didn't comply with the roadside test, as the police didn't raise any suspicion or belief to my partner re drug taking before asking him to do a test?
Yesterday my partner was stopped by the police as a result of a broken break light at the back of the car. When he was stopped the officer asked him to step out of the car to show him the broken break light. The officer then asked him to wait by the car as he went back to his police car. The officer came back and then made my partner submit to a roadside test after being told to refuse would be an arrestable offence. Before this test the officer expressed no suspicion or belief that my partner had a drug in his body or was under the influence of a drug & as this was a first time being stopped by the police my partner was nervous and scared with of the threat of arrest so went along with the test. The roadside test came back positive (my partner had smoked some cannabis around 6/7hours earlier). He subsequently was brought to the police station to have his blood taken for analysis.
Whilst he smoked earlier in the day the officer stopped his car due to the broken break light and whilst discussing the broken light, the police didn't raise any suspicion or belief he had a drug in his body or was under the influence of a drug before asking my partner for a roadside test.
Whilst he is waiting for his blood test results (apparently up to 4 months) my question here is does he have a defense in that he was stopped for a broken break light and threatened with arrest out of the blue if he didn't comply with the roadside test, as the police didn't raise any suspicion or belief to my partner re drug taking before asking him to do a test?
