Drug driving

[Stephen bond]

I got pulled over yesterday a the officer had it in for me from the start I was given a road side drug test for coke witch I failed so I was told I would be taken to a station to be blood tested witch I was fine with but when I was in the medical room with a nurse a 2 officers they didn't attempt to take my blood once I was given a needle a told to try take it from a main groin vein a not even offered a urine test instead I would like to no is this the procedure a how would it stand in a court of law

 

[SeanJoyceStephensons]

Drug driving is one of the few offences where a defendant is required to provide evidence that can incriminate himself. For that reason, the procedure involved in obtaining that evidence is important and the police are required to strictly adhere to that procedure. In order to advise on this, we would need to take your full instructions and give consideration to the prosecution evidence.

That said, if you fail to provide a specimen you will be charged with a separate offence of failing to provide a specimen for analysis. This offence does not require evidence that you were over the specific limit for alcohol and/or drugs, instead the offence is committed at the police station/hospital when a defendant refuses to provide a specimen. In order to defend this type of case, the main defence available is one of reasonable excuse typically due to a medical reason.

Should you wish to obtain more detailed advice and discuss representation on a private paying basis, you can contact a specialist on 0333 009 3335.