Emzz
New Member
As I understand it there is a requirement for the following:-
To provide two specimens of breath for analysis OR
To provide a specimen of urine or blood
In relation to this can I raise the following points -
Constable was made aware of chest issues in the intoxiliser room (CCTV evidence of this)
Therefore, blood or urine should have been requested?
Urine was never requested
Blood was only mentioned in relation to an allegation of ‘child neglect’ (for which no charges were brought) some period of time later when I was in a cell - explanation of the request was due to wanting to confirm the presence of illegal substances in my system not alcohol. To which it was explained the prescribed medication I am on.
Explained a severe needle phobia (due to ongoing medical issues blood tests have been required. My G.P can confirm diazepam and emla cream are prescribed before a blood test. Even then it is hit or miss whether a blood test is successful).
At this time and presently, I am on prescription medication (propranolol, amitriptiline, sertraline, tramadol, naproxen, omerprazole) this is due to an ongoing medical condition for which I am under neurologist care.
Whilst in custody a doctor was not consulted regarding my needs for medication nor as to whether blood or urine could be taken as an alternative to breath.
My defence with regards to this is the following:-
Mr Rahman infact drove to my now ex partners property. Due to issues between the two, it was not advisable for them to come face to face especially as my children were present. Mr Boswell did not see who was driving the vehicle, only that it was reversed into the driveway and my children approached the door. Mr Boswell did not have advanced notice of my arrival.
There was evidently no likelihood of me driving or attempting to drive. Mr Boswell acknowledged the fact I took my prescription medication in his presence. Mr Boswell states his concern was my children. However, he allowed me to walk away from his property, leaving the vehicle there. I walked a short distance down the street to a friends. I have permission to enter her property at anytime which Mr. Boswell is aware of. My main concern was the safety of my children and wishing to avoid conflict between myself and Mr Boswell.
The incident is said to have began at approx. 17:15. When I arrived at Mr Boswell’s property be requested the children play before making a decision as to whether to take my youngest to a&e. Mr Boswell made me phone the G.P surgery in order to ‘prove’ to him I had been told to take my youngest to a&e. I took medication in Mr Boswell’s presence. He then agreed to drive to a&e but proceeded to leave the vehicle on the pretence of ‘forgetting’ something in the house. After approx. Possibly ten minutes I went to see what was happening but he had put the chain on the door. Upon realising this, I walked to my friends. Police state a call was made at 17:02. There is a variation of 13 minutes from the alleged altercation from the time the call is stated to have been made (times should correspond to Mr Rahman’s evidence).
PC990 claims my eyes were glazed, alcohol was the presumption not the effect of prescribed medication. Evidently, my attitude towards the officer was detrimental to the situation of ‘by a magic miracle’ when asked how I arrived at Mr Boswell’s property. The simple reason I did not, at that point, admit it was Mr Rahman had driven the vehicle is because Mr Rahman (a mechanic) had previously been to Mr Boswell’s property with me to get tools to assist replacing a part on my other vehicle. Mr Boswell did not like this and it caused many arguments and accusations towards myself from Mr Boswell. Police have records of previous domestic incidents between myself and Mr Boswell. I was in school with PC990 and he has previously attended domestic incidents between myself and Mr Boswell. PC990 states I was stumbling, I have a lack of balance due to an ongoing medical issue which, at the point of arrest, I was awaiting an MRI scan.
PC990 also claims i was making myself sick, without establishing whether there was a legitimate reason for it - a side effect of medication and suffering from severe chronic anxiety, as G.P letter confirms.
No print out was given to me from my attempts with the intoxliser.
Under S.7 it has to be proved that the defendant, without reasonable excuse, failed to provide a specimen.
Was there 20 minutes between me vomiting and being asked to provide a sample of breath? (I have not yet been able to see CCTV to establish this).
There is a case that where a defendant was suffering chronic anxiety and panic attacks in stressful situations the defendant was found not guilty as there was a sufficient link of causation between the condition and failure to provide a breath sample.
Undue force was used when being arrested which I have photos of the bruises to confirm. So, my belief is that for a conviction under S.7, there is an investigation under S.4 for the defendant to be driving whilst unfit due to consuming alcohol or under S.5 there was excess alcohol in the body as proven due to a sample of breath, urine or blood.
Constables discretion was not exercised with regards to blood or urine.
I was not driving or attempting to drive. Nor was I in control of the vehicle or the keys.
I’m very confused over the conflicting advice I have been given with regards the outcome of the case. I look forward to your response being an expert in this area.
Thank you very much.
To provide two specimens of breath for analysis OR
To provide a specimen of urine or blood
In relation to this can I raise the following points -
Constable was made aware of chest issues in the intoxiliser room (CCTV evidence of this)
Therefore, blood or urine should have been requested?
Urine was never requested
Blood was only mentioned in relation to an allegation of ‘child neglect’ (for which no charges were brought) some period of time later when I was in a cell - explanation of the request was due to wanting to confirm the presence of illegal substances in my system not alcohol. To which it was explained the prescribed medication I am on.
Explained a severe needle phobia (due to ongoing medical issues blood tests have been required. My G.P can confirm diazepam and emla cream are prescribed before a blood test. Even then it is hit or miss whether a blood test is successful).
At this time and presently, I am on prescription medication (propranolol, amitriptiline, sertraline, tramadol, naproxen, omerprazole) this is due to an ongoing medical condition for which I am under neurologist care.
Whilst in custody a doctor was not consulted regarding my needs for medication nor as to whether blood or urine could be taken as an alternative to breath.
My defence with regards to this is the following:-
Mr Rahman infact drove to my now ex partners property. Due to issues between the two, it was not advisable for them to come face to face especially as my children were present. Mr Boswell did not see who was driving the vehicle, only that it was reversed into the driveway and my children approached the door. Mr Boswell did not have advanced notice of my arrival.
There was evidently no likelihood of me driving or attempting to drive. Mr Boswell acknowledged the fact I took my prescription medication in his presence. Mr Boswell states his concern was my children. However, he allowed me to walk away from his property, leaving the vehicle there. I walked a short distance down the street to a friends. I have permission to enter her property at anytime which Mr. Boswell is aware of. My main concern was the safety of my children and wishing to avoid conflict between myself and Mr Boswell.
The incident is said to have began at approx. 17:15. When I arrived at Mr Boswell’s property be requested the children play before making a decision as to whether to take my youngest to a&e. Mr Boswell made me phone the G.P surgery in order to ‘prove’ to him I had been told to take my youngest to a&e. I took medication in Mr Boswell’s presence. He then agreed to drive to a&e but proceeded to leave the vehicle on the pretence of ‘forgetting’ something in the house. After approx. Possibly ten minutes I went to see what was happening but he had put the chain on the door. Upon realising this, I walked to my friends. Police state a call was made at 17:02. There is a variation of 13 minutes from the alleged altercation from the time the call is stated to have been made (times should correspond to Mr Rahman’s evidence).
PC990 claims my eyes were glazed, alcohol was the presumption not the effect of prescribed medication. Evidently, my attitude towards the officer was detrimental to the situation of ‘by a magic miracle’ when asked how I arrived at Mr Boswell’s property. The simple reason I did not, at that point, admit it was Mr Rahman had driven the vehicle is because Mr Rahman (a mechanic) had previously been to Mr Boswell’s property with me to get tools to assist replacing a part on my other vehicle. Mr Boswell did not like this and it caused many arguments and accusations towards myself from Mr Boswell. Police have records of previous domestic incidents between myself and Mr Boswell. I was in school with PC990 and he has previously attended domestic incidents between myself and Mr Boswell. PC990 states I was stumbling, I have a lack of balance due to an ongoing medical issue which, at the point of arrest, I was awaiting an MRI scan.
PC990 also claims i was making myself sick, without establishing whether there was a legitimate reason for it - a side effect of medication and suffering from severe chronic anxiety, as G.P letter confirms.
No print out was given to me from my attempts with the intoxliser.
Under S.7 it has to be proved that the defendant, without reasonable excuse, failed to provide a specimen.
Was there 20 minutes between me vomiting and being asked to provide a sample of breath? (I have not yet been able to see CCTV to establish this).
There is a case that where a defendant was suffering chronic anxiety and panic attacks in stressful situations the defendant was found not guilty as there was a sufficient link of causation between the condition and failure to provide a breath sample.
Undue force was used when being arrested which I have photos of the bruises to confirm. So, my belief is that for a conviction under S.7, there is an investigation under S.4 for the defendant to be driving whilst unfit due to consuming alcohol or under S.5 there was excess alcohol in the body as proven due to a sample of breath, urine or blood.
Constables discretion was not exercised with regards to blood or urine.
I was not driving or attempting to drive. Nor was I in control of the vehicle or the keys.
I’m very confused over the conflicting advice I have been given with regards the outcome of the case. I look forward to your response being an expert in this area.
Thank you very much.
