preliminary breath testing

[narrachan]

Hi Sean

I failed a roadside breath test and was taken to the station where I failed to produce enough breath to give a reading on the machine. I have a medical condition that explains this - it's all to with different pressures on the diaphragm when standing and seated. However, what I'd like to know is whether there is a difference in the volume of air required to give a reading on each of the two types of machine as this would have had an effect as well.

 

[SeanJoyceStephensons]

This depends on the specific types of breath testing machines used and there are well documented problems with some of the machines at the Police Station, namely the EC/IR machine. Did you tell the police about your medical condition and have you been charged for failing to provide a specimen of breath.

We specialise in defending alcohol related driving offences and are experts in unpicking the complex procedure that the police must follow in such cases at the road side and at the police station. We look at flaws in the procedure and argue technical points to discredit the police. If the Court accepted that there were serious flaws in the procedure then your case could be won and you could be found not guilty.

 

[narrachan]

There were two conditions involved, one was morbid obesity which I didn't actually mention as it was so bloody obvious. The other is diverticulitis. the spasms of which cause me to contract my abdominal wall. I did mention the latter but they decided it did not matter after digging up a wikipedia article which was not detailed enough to tell them what they needed to know. Oh and yes that's the charge all right.

 

[SeanJoyceStephensons]

It doesn't matter what the police's view of the medical condition is. It is for them to obtain a medical opinion (not from Wikipedia) and then decide whether to offer you the option to provide blood or urine (their choice as to which). If you are prosecuted you may have strong grounds to defend this.