refusing to take a breath test and asking for a more accurate blood test

Convicted Driver Insurance

miranda bissessur

New member
Dear solicitors,

My boyfriend is 19 and we live in the UK. Last night he was pulled over in Croydon, and asked to give a breath sample. He asked if he could instead take a blood test as he knew they were more accurate. He was not drunk as he had only had 1 pint of beer 2 hours previously. He was pulled over on the basis of driving at 34 miles/hour in a 30 zone. He did not refuse to take a breath test he simply asked for a blood test. They kept asking if he was refusing and he kept replying, "No, I just want a blood test because I know they can be up to 60% more accurate". He just didn't want an offence on false pretences as he has never had any trouble with the police and has a clean record. He was uninformed that if he did not give a breath sample that he would have committed an offence and repeatedly asked to give a blood sample. This was not taken into consideration and they took no sample of any sort from him.

He has been given a years ban. Is there anything that can be done? I would be very appreciative of any help.

Thank you.
 
The police are not obligated to offer a blood sample simply because someone has requested one, unless there was a medical reason your friend could not use the intoxilyser then the police are entitled to require specimens of breath. What they must do however, is warn the defendant that failure to provide a specimen of breath will render them liable to prosecution. If your friend was not informed of this at any point he may well have a defence to the allegation of failing to provide. The difficulty is that the case must now be appealed as he has already been convicted, any appeal notice must be lodged with the Court within 21 days of conviction.

If he is considering legal representation for his case he is welcome to call my department, we specialise in this area and can give him a fixed fee quote to deal with the case, our number is 0333 999 7158.
 
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