Questioning process

Convicted Driver Insurance

Larkspur

New Member
Hi my daughter was arrested at the roadside after being stopped as her back light was out. she has 3 drinks over the space of 4 hours and she said she felt safe to drive.

She was later told her reading was 58mg, she was asked if she has inhaled anything beforehand and told the police lady she had had a cigarette. It looks like the police lady waited 10 mins not the advised 20 mins ( I believe ?) to perform a breath test which I believe if you have smoked can effect the reading.

She is a petit size 8, 19year old girl who was then handcuffed - I understood that there needed to be reasonable justification in exercising this? She was extremely compliant and not aggressive to cause any threat.

She was then taken to the police station and another test was taken - she said they didn't tell her what it was but she found a slip of paper in her bag 2 days later (they did not hand it to her, she found it in her bag) and she believed it said 35mg (she has since lost said slip!)

The charge sheet however has the roadside reading on it not the reading that was taken at the police station - is this usual as I understood it should have been the reading at the police station that is used? Is it is in fact 35mg should she have been released rather than locked in a cell for 4 hours and left traumatised. She has a court date for 23rd May and I udnerstand we are allowed to see the evidence before she pleeds and if the bretherlyers slips stated 35mg surely ther is not case to answer?
 
Good afternoon,

It is hard to give advice here without the slip she was given. It is highly unlikely she blew 35 and was charged, it is more likely that the reading your daughter read was where the machine does a 'self test.' You will be able to see the basic evidence before she enters a plea and if it reads 35 then you should take advice from a lawyer as you would potentially have a defence.

There was clearly an error at the roadside if she did not wait the full 20 minutes but I do not think this would make a good defence as it is what happens at the police station that matters, they do not even have to provide a roadside test should they wish not to.

The handcuffing was unfortunate but again would not assist the case, however you can raise it as a complaint to the police.

I hope this helps.

Kind regards
Martin.
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top