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?
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?