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Technical defence

Hi after few tips

I've been breathalysed on way to work and blew 47 got too police station and blew 41 then went to urine and had my own sample analysed and got 109 but some factors to take into account
1. I'm sure he didn't read my rights In car and let me use my phone etc in car

2. Got too police station and wen gave urine I couldn't fill in one go after the first one that was binned so was left unattended for 30 min whilst gave fingerprints and then urinated again into same pot and that was split into two

3. My sample was given to me with no evidence bag now name on tube etc etc
Because you gave a urine sample this replaces your breath sample. The legal limit in urine is 107mg so at 109mg you are only marginally over the limit. I would advise you to consider arranging for your own sample to be independently analysed. You should do this immediately and ask the analyst about how you should store the sample in the meantime to best preserve it.

I would want to see the police officers statement and pocket note book and discuss what happened with you in a lot more detail before commenting on potential procedural irregularities at the road side and how this might affect the lawfulness of your arrest and the admissibility of evidence gathered thereafter.

The procedure for urine samples is different to that for blood. You must provide two completely distinct samples of urine within one hour of the request being made. The first sample is disregarded and the second is used in evidence. The second sample is split so that you have a sample of your own to take away with you so that you can have you own analysis done if you want to, which I would advise you to do immediately. There is a very specific procedure for the taking of all sample which is prescribed by statute. If the procedure is not strictly followed then this can lead to arguments that the samples cannot be relied on in evidence by the prosecution. Before being able to advise in more detail I would need sight of particular police documentation and witness statements.

Your sample really should have been properly labelled so that you can prove later that it was the one handed to you at the police station. Certainly the one kept by the police has to be labelled correctly. Otherwise how would the forensic scientist who analysis it and the court hearing the evidence later, possibly know whose urine it is? This is what the law calls "continuity of evidence". Without it the prosecution case can fail.

Technical defences require a detailed consideration of all the evidence in the case. The Criminal Procedure Rules require the arguments being raised to be clearly identified by the defence in advance of the trial. Sometimes the court will ask for a written legal argument to be provided in advance.

If you would like to discuss your case in more detail then call our national drink driving advice line and speak to one of expert legal advisors on 0333 999 7158
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