Possible procedural issues

[oompedoomp]

Hello
I was stopped by the police last night. They stated that they believed I was driving under the influence of alcohol. I am concerned as to the following:
1. They did not have a roadside intoximeter. They called control but there was no other unit available
2. They stated that they were taking me to the police station. I was not given any statement of rights but I attended voluntarily.
3. I was brought in front of the custody sergeant to be booked in. The arresting officer told him I was a 'drink driver' (presumed guilty?) and that the reason for his suspicion was my eyes were glazed and he could smell alcohol. ) At the time of him stopping me I had dark sunglasses on and had only consumed neat vodka.) I was breathalysed and it detected I was positive.
4. After answering their standard questions I was told they needed to call in an appropriate adult as I am Aspergers, ADHD and on meds for depression.. However, the charge sheets given to me do not have her signature on them.
5. On the intoximeter printout, there is no calibration data.

Considering all of the above, do you think there are any procedural issues that could work in my favour?

Many thanks.

Simon

 

[Martin Hammond]

Good morning,

As with any case such as this, there may well be defences but from what you have highlighted there doesn't appear to be much at this stage.

1. They do not need to do a roadside test.
2. They will most certainly say that when you were taken to the police station you were read your rights and placed under arrest. Defences of this nature are not impossible but they are quite weak even if you can proof you were not correctly arrested.
3. Unfortunately, if the officers suspicions were correct and you did blow over, it is very hard to say it was wrong of him to suspect that you were over the limit.
4. A missing signature would not help.
5. There needs to be a check before and after done automatically by the machine but calibration would not be here, it is the metrological logs which you would not get access to unless a Court felt it was necessary.

I am not trying to dissuade you from running a defence but you need to be very careful of losing credit with the Court without a solid defence.

Kind regards
Martin.