Blood test procedure

Convicted Driver Insurance

Bob66

New Member
Sean,

I'd really appreciate your opinion on the following. I recently blew 45 at a police station and was given the option of a blood test. About an hour later the police doctor made a shabby attempt at collecting a blood sample, finally taking some at the third attempt. At this point he told the officer overseeing the procedure that there was not enough blood to fill two sample bottles. The officer then asked me if I required a sample, to which I replied no, fearing I was about to have my now painful arm punctured for a fourth time (I wasn't aware that the doctor was only allowed to take one sample and that I had the right to have this split regardless of the amount of blood collected). My first question is would the blood test be admissable in court (should it certify at 81mg or higher)? And secondly,up how likely is it that the CPS will proceed to a court hearing if their evidence is challenged on procedural grounds as per the above?

Thanks and regards,

Bob
 
Bob,

Where a motorist is arrested for drink driving and blows 50 ug or under they are entitled to replace their breath specimen with either blood or urine. The officer then has discretion in relation to which specimen to request from the person detained. In your case the officer requested a blood specimen and the duties of the police are to obtain a sample sufficient for evidential analysis. The police must then offer part of that sample to the person detained so that they may then have their specimen independently analysed if they so choose.

There are a number of procedural issues in relation to whether a blood specimen has been correctly stored or obtained. Where mistakes have been made in the procedure a motoring solicitor can argue that the blood sample ought to be excluded from evidence. If the argument is successful the case is usually won.

We are able to advise on the merits of pursuing a technical defence based on potential procedural irregularities on a fixed fee basis should you be interested. If you wanted to take it further please feel free to contact me further on 01942 774179.
 
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