Evidential Breath test printout not served

Convicted Driver Insurance

Roger

New Member
Blew over the limit in January and subsequently charged for DD.
The EBT printout was not given or offered to me at the station or served on me before my hearing in court. I only saw a copy of it when the CPS gave me their bundle with the MGDDA form an hour before appearing before the magistrates. I entered a not guilty plea to give me time to consider the Crown's evidence and another date for trial is to be arranged.
The requirements for the BT were made by a police office and the machine was operated by a Custody Detention Officer. The CDO signed the resulting printout x3 as did I.
I have read that:
a) the printout must be signed by a police officer if the operator was not a police officer;
b) to be admissable as evidence in court the printout must be given to the suspect at the station; or,
c) served on the suspect at least 7 days before the first hearing;
d) there should be a minimum of 5 minutes, maximum of 15 minutes, between the 2 breath samples.
Is any of this correct?
 
Hello.


Thank you for your questions.

I will list my answers below but I must stress that to run defences that are technical in nature, to be successful, you are going to need a specialist solicitor.

A. Yes, the officer is who should sign the printout but this is all a very grey area with arguments available for both sides.

B. The printout must be offered to the defendant at the police station and this can be a good defence.

C. No, it has to be served 7 days before trial.

D. No. The machine runs a cycle which is about three minutes and it decides when it is time to blow.

I hope this helps.
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top