Awaiting drug test

[garryhank]

Hi there,

I came off my motorbike in the early hours of the morning. Following my crash the police arrive on scene I am badly bruised and shaken but no serious injuries. I'm asked to stake a breathaliser which I pass. I am then taken to the local a and e not for medical attention but for a blood test as the police suspected drug driving. These may return positive for prescription and also recreational drugs. This blood test did not take place until 2 and a half hours after the incident so I would like to question whether this can be used as an accurate representation of drugs in my system at the time of incident and whether it would be thrown out of court?

I also believe a number of PACE violations were committed whilst I was detained/under arrest. At no point was I allowed access to legal advice and after asking if I could contact my father to let him know what had happened the officer informed me I was "technically under arrest" and someone would do it for me - no one did. I wasn't interviewed nor visit a police station through the whole ordeal.

Promptly after my blood test I was let go in the street with my own sample to send off for testing from the hospital.

Please could you advise the likely hood of being charged given the circumstances as the uncertainty is killing me as this could result in loss of job and perhaps ultimately claiming bankruptcy becoming dependant on the state.

Many thanks

 

[SeanJoyceStephensons]

The delay in testing you is not fatal to the prosecution case unfortunately. There are often delays in obtaining a specimen, particularly in hospitals. Section 15 (2) Road Traffic Offenders Act 1988 states that it shall be assumed that the proportion of alcohol in the accused’s breath, blood or urine at the time of the alleged offence was not less than in the specimen. This allows for any delay in taking the test and attempts to fill in any gaps in continuity of evidence.

Drink and drug driving are amongst a few offences where the police are not required to delay the evidential gathering process to allow you to obtain legal advice and your right to telephone calls in general; is not considered relevant to the evidence gathering process. In most cases of drink or drug driving there is no need for an interview under caution unless there are any holes or gaps in evidence that need to be accounted for. The police set out to establish whether you were:

1. Driving a motor vehicle;
2. On a road or in a public place;
3. Whilst the prescribed limit of alcohol or specified drug exceeded the prescribed limit.

The police now have 6 months form the date of the incident to issue a charge. You will likely receive any charge by way of postal requisition.

Unfortunately, the impact a ban has on you will not be considered as sufficient to convince the court not to impose a ban. The only way to avoid a ban is to challenge the matter and investigate the procedure carried out at the police station in more detail. This will involve a specialist insight and a review of the prosecution evidence if any charge is laid.