Under investigation

Convicted Driver Insurance

mrturk

Member
Thank you, I'm a novice on this.. Why would the urine collected be incorrect. I was told to pass urine, ( a little bit) then stop and use the specimen container midstream. The officer then with the sample put into two tubes, added tablet to both and then took them away.
I contacted my breast clinic yesterday and asked if I can talk to someone there, I had declined counselling before, as I felt I was positive. I emphasise my family have been my support system, even now after Wednesday, they have been great. 😐.
Again I really appreciate all your comments, Truly means a lot to me.
For a urine sample to be collected for alcohol testing they need to collect one sample from you and discard it. Then within an hour you're supposed to give a second urine sample that is then split into two. One half is offered to you, the other is sent to a police laboratory for testing. The law doesn't say how long must pass between the two samples, but it does say you can't be asked to stop mid stream and provide the second one.

For example, on an occasion where the Defendant finished giving the first sample and immediately asked to go again, the court was ok with it. In another the police officer asked the Defendant to stop urinating and continue with the second sample, that Defendant was found not guilty.

The reason is complicated. It's designed to make sure the urine level represents your blood alcohol concentration now, and not from earlier before you drove.

With drugs, that isn't necessary. Proving you have drugs in your urine is enough to prove you used drugs, then the police's job is to prove your driving was impaired by them. You can't be over a drug limit in urine, only blood. So collecting a urine sample for drug testing incorrectly isn't necessarily a problem. Being prescribed drugs wouldn't be a defence for impaired driving, so you could still be convicted of a drug drive offence.

So I think it's important you find out what you're actually being investigated for. As mentioned, if the urine was taken for alcohol testing (and not drugs) it would be because the breath machine gave an error. There could be several errors a machine could give that would warrant that.
 

Smonky18

Member
The rules on urine samples are strict. Two samples of urine have to be provided within one hour. the first One is discarded. The second one is divided into 2 parts.
They have to be 2 distinct samples, with several minutes at least between them or they are not regarded as 2 samples and therefore inadmissible.
OK. Thank you, I will have to wait. 🤔
 

price1367

TTC Group
For a urine sample to be collected for alcohol testing they need to collect one sample from you and discard it. Then within an hour you're supposed to give a second urine sample that is then split into two. One half is offered to you, the other is sent to a police laboratory for testing. The law doesn't say how long must pass between the two samples, but it does say you can't be asked to stop mid stream and provide the second one.

For example, on an occasion where the Defendant finished giving the first sample and immediately asked to go again, the court was ok with it. In another the police officer asked the Defendant to stop urinating and continue with the second sample, that Defendant was found not guilty.

The reason is complicated. It's designed to make sure the urine level represents your blood alcohol concentration now, and not from earlier before you drove.

With drugs, that isn't necessary. Proving you have drugs in your urine is enough to prove you used drugs, then the police's job is to prove your driving was impaired by them. You can't be over a drug limit in urine, only blood. So collecting a urine sample for drug testing incorrectly isn't necessarily a problem. Being prescribed drugs wouldn't be a defence for impaired driving, so you could still be convicted of a drug drive offence.

So I think it's important you find out what you're actually being investigated for. As mentioned, if the urine was taken for alcohol testing (and not drugs) it would be because the breath machine gave an error. There could be several errors a machine could give that would warrant that.
I agree with this.
My reply was based on it being part of the drink drive process, but it is not clear if the mention of Chemotherapy drugs brought up the question of drug driving also. My experience if the police station procedure was that if the breath samples were over the legal limit, then we would not bother with drug driving unless the circumstances were particularly bad. After all, you can only be disqualified once, getting a 12 month ban twice on the same day is still only a 12 month ban.

As you say, if they did suspect drug driving, then they would go for a blood sample, which they did, but when that failed the option of driving whilst over the prescribed limit (for the drugs on the list) has gone and they have to prove that she was unfit to drive through drugs. That would be very difficult to do because there was alcohol in her system as well. In the absence of a serious accident, I would not have expected them to go to those lengths to try to prove drug driving whilst impaired on top of drink driving.
There will be clarity in what happened when the op gets the result of asking for her custody record and custody video and comes back with the results.
 

Smonky18

Member
Hi I have another question.
I hit a bollard in the carpark, which damaged my car, I have told my insurance company, and also that I was under investigation with the police. My car is driveable, but I would imagine Insurance won't pay out until I have heard from police. ( which on this forum, could take up to 6 months). If anyone could clarify, I would appreciate it please. Many thanks.
 
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