signman
Well Known Member
Dear Sirs,
On Fri 2/10/09 I was stopped by a police motorcyclist after having travelled roughly 400 yards after getting in my vehicle. I was stopped roughly 300 hundred yards from my house.
As a result of him speaking to me and asking if I’d had a drink that night he said that I would be breathalysed and said he would have to wait because I’d informed him I’d only just finished a drink five mins previous. I do not know how long we waited in total for me to begin the roadside test.
As I had admitted having a drink he remarked "I wouldn`t worry about it because you certainly don`t look drunk". At this point I did ask him why he had stopped me, but I didn`t get a reply to that question. The officer wasn`t being rude but he continued talking, asking where I had come from. To which I answered.
I subsequently blew a reading of, I believe, 47. He then got on his radio and requested a van to come and pick me up. He told me I was arrested for giving a positive sample and explained the procedure that would follow regarding 2 more breath tests and the option of blood or urine after that. I do not recall him saying about my rights etc at this point.
When the van arrived behind us, he came round to the driver’s side and asked me to follow him to the back of the van. It was at this point he apologised to me and said he`d have to take my arm whilst going to the van as his colleagues were there. I got in the van and was driven to Cheadle Heath Police Station.
On arrival at the station they took my name, address etc. I believe it was at this point I was read my rights by the desk sergeant and asked if I had my own solicitor or would I like the Duty Solicitor. I opted for the Duty.
My first test at the station I again blew 47, the second I blew 49. I was then told that because I was under 51 mgs I could opt to give a blood sample, which I accepted. It was then that I was allowed to go to the toilet as I had been asking since being brought in and was then photo`d and had my fingerprints and DNA taken.
A nurse was then called to take my blood sample, of which I opted to retain my half of, for potential independent analysis.
I was then put in a cell until the alcohol in my system meant I could drive again. A short while later an officer came to tell me my Duty Solicitor was on the phone and would I like to speak to her or not bother?? I opted to talk to her to find out the next steps etc.
She advised me she had called earlier but was told I wasn`t available at that moment. I had no knowledge from anyone that a solicitor had called for me up until this moment. According to my breath alcohol test record my first sample was given at 11:46pm and I’m convinced my duty solicitor said she first called at 11:39pm. This would have to be double checked with Duty Solicitor firm. She explained that I would be kept there until the police were satisfied I was able to leave and they would do this by giving me another breath test, but this time using a roadside machine and not the one I had given two tests on in the police station. I was then put back in the cell for a further one and half hours until an officer came and asked "are you fit" to which I replied yes and was then told I was being released. I was not asked to provide another breath test to check my limits.
It was explained to me that I would be bailed until 7/11/09 and would then find out if I was to be charged after the blood results came back.
I have since had my blood sample independently analysed by driving to Wales and seeing a Dr. Griffths at Bangor Hospital. My reading came back 119 in 100 (blood). In the report, and at my request, were notes stating there was no time noted on the specimen bag AND no date or time on the sample bottle itself. I know for a fact that the room where my blood sample was taken did not have any cameras as we had to go into another room whislt the officer said something which he wanted on camera. I do not know what.
I have my own Ltd company which is just a one man band (me) providing signwriting to different pub company’s up and down the country and as such my ability to drive is vital or I can foresee my company being wound-up.
I have no previous convictions, and as such have no idea of the procedure in a Police Station. I remember being given a form at the front desk and just being asked to sign repeatedly where they had initialled. I have no idea what this was as was just doing as I was told. It did seem though as though it was to speed up there process etc. But they had not signed the form at the time of me signing it. I have no idea if this at all relevant but thought I would mention it.
Could you kindly offer your first thoughts on my case?
Sincerely
Signman
On Fri 2/10/09 I was stopped by a police motorcyclist after having travelled roughly 400 yards after getting in my vehicle. I was stopped roughly 300 hundred yards from my house.
As a result of him speaking to me and asking if I’d had a drink that night he said that I would be breathalysed and said he would have to wait because I’d informed him I’d only just finished a drink five mins previous. I do not know how long we waited in total for me to begin the roadside test.
As I had admitted having a drink he remarked "I wouldn`t worry about it because you certainly don`t look drunk". At this point I did ask him why he had stopped me, but I didn`t get a reply to that question. The officer wasn`t being rude but he continued talking, asking where I had come from. To which I answered.
I subsequently blew a reading of, I believe, 47. He then got on his radio and requested a van to come and pick me up. He told me I was arrested for giving a positive sample and explained the procedure that would follow regarding 2 more breath tests and the option of blood or urine after that. I do not recall him saying about my rights etc at this point.
When the van arrived behind us, he came round to the driver’s side and asked me to follow him to the back of the van. It was at this point he apologised to me and said he`d have to take my arm whilst going to the van as his colleagues were there. I got in the van and was driven to Cheadle Heath Police Station.
On arrival at the station they took my name, address etc. I believe it was at this point I was read my rights by the desk sergeant and asked if I had my own solicitor or would I like the Duty Solicitor. I opted for the Duty.
My first test at the station I again blew 47, the second I blew 49. I was then told that because I was under 51 mgs I could opt to give a blood sample, which I accepted. It was then that I was allowed to go to the toilet as I had been asking since being brought in and was then photo`d and had my fingerprints and DNA taken.
A nurse was then called to take my blood sample, of which I opted to retain my half of, for potential independent analysis.
I was then put in a cell until the alcohol in my system meant I could drive again. A short while later an officer came to tell me my Duty Solicitor was on the phone and would I like to speak to her or not bother?? I opted to talk to her to find out the next steps etc.
She advised me she had called earlier but was told I wasn`t available at that moment. I had no knowledge from anyone that a solicitor had called for me up until this moment. According to my breath alcohol test record my first sample was given at 11:46pm and I’m convinced my duty solicitor said she first called at 11:39pm. This would have to be double checked with Duty Solicitor firm. She explained that I would be kept there until the police were satisfied I was able to leave and they would do this by giving me another breath test, but this time using a roadside machine and not the one I had given two tests on in the police station. I was then put back in the cell for a further one and half hours until an officer came and asked "are you fit" to which I replied yes and was then told I was being released. I was not asked to provide another breath test to check my limits.
It was explained to me that I would be bailed until 7/11/09 and would then find out if I was to be charged after the blood results came back.
I have since had my blood sample independently analysed by driving to Wales and seeing a Dr. Griffths at Bangor Hospital. My reading came back 119 in 100 (blood). In the report, and at my request, were notes stating there was no time noted on the specimen bag AND no date or time on the sample bottle itself. I know for a fact that the room where my blood sample was taken did not have any cameras as we had to go into another room whislt the officer said something which he wanted on camera. I do not know what.
I have my own Ltd company which is just a one man band (me) providing signwriting to different pub company’s up and down the country and as such my ability to drive is vital or I can foresee my company being wound-up.
I have no previous convictions, and as such have no idea of the procedure in a Police Station. I remember being given a form at the front desk and just being asked to sign repeatedly where they had initialled. I have no idea what this was as was just doing as I was told. It did seem though as though it was to speed up there process etc. But they had not signed the form at the time of me signing it. I have no idea if this at all relevant but thought I would mention it.
Could you kindly offer your first thoughts on my case?
Sincerely
Signman