Options?

[Sillybille]

Hi,

I was out for dinner and drinks on Saturday evening. I only had 4 glasses of wine from 8pm until 11.30pm. Unfortunately my seafood did not agree with me and after a couple hours throwing up I wanted my own bed. Tried to get a taxi but thanks to the throwing up they wouldn't take me so I had to take the car.

I drove aprox 0.1 miles from where I had been and was stopped in a random check by police and failed a breath test. They took me to the station where the machine gave two very different readings so I had to wait 3 hours for a doctor to arrive in order to give a sample. Blood could not be taken so urine was the option. Now in 5 hours I hadn't urinated so I was advised I was to disgard the first 30ml of urine and use the rest as the second sample however I thought my whole bladder should have been emptied as the first sample so I could only provide a 20ml sample which was split between 2 tubes.

Surely that's not a valid test? I was also wondering what the tablet is they put in the bottom of the tube but they couldn't confirm.

I'm racked with worry now so much so it's actually effecting my health. I've had no indication when I'll find out, I'm also away on holiday next week for 2 and a half weeks. I'm just annoyed I wasn't allowed to provide the sample the way I believe it should have been done.

 

[SeanJoyceStephensons]

Presumably you have been granted bail to re-attend at the police station within the next few weeks. The police will use this interval to have your specimen analysed so that they can determine whether or not you are over the legal limit.

The police frequently make errors in the procedure, either at the road side or at the police station. We have dealt with situations like yours before with success and are able to offer advice on whether the procedure was followed correctly with a view to persuading the Court to rule your urine sample as inadmissible.

From what you say there may be merit is disputing the way in which your urine specimen was collected. This is something that could only be confirmed following sight of the evidence in your case. The tablet that was added is added to ensure that your specimen is preserved properly. If you have your own specimen you should have this independently analysed providing that you have stored it correctly.

If you are charged with an offence, it is worth knowing that we offer 2 levels of service to people who are considering challenging the case against them:


(1) A written opinion on your prospects of success and the defences that can and should be run in your case. This is often used by people who would like to represent themselves or who would like the benefit of our expertise and intend to use a less experienced and cheaper solicitor.


(2) Full representation to trial. If you were successful you would be entitled to reimbursement of your legal fees paid subject to taxation.
If you wanted to proceed further then we would invite you to contact us in order to discuss matters further.


If you require our assistance please do not hesitate to telephone us.

 

[Sillybille]

I was not charged or bailed to attend the station. I've been advised I'll recieve a letter with the results.

After Reading about how the test should have been dealt with I am fairly certain that an error has been made. Bottom line is my sample should have come after my bladder was emptied not the last 20ml of my first trip to the toilet. It's too late to have the sample analized now but as it seems an error has been made I can now move forward with what course of action I will be taking.