Drink Driving Blood Test - Question (1 Viewer)

[PhilandMena]

I thought any blood sample's taken by the police that have the potential to be used in a prosecution would never be handled by someone other than an authorised body. Just goes to show what I know.

 

[pyro]

I thought any blood sample's taken by the police that have the potential to be used in a prosecution would never be handled by someone other than an authorised body. Just goes to show what I know.

You are right, inasmuch as the Police and Criminal Evidence Act are concerned.

The police are generally considered good witnesses, but not impeccable. I presume everyone remembers the Guildford Four, etc? I have witnessed some bare faced lies told in court by police officers on too many occasions to accept what is stated in prosecution to be 100% reliable

The purpose in providing a sample for independent analysis is to allow any charges to be contested on the basis of fact, thus preventing the police from being accused of obstructing the process of natural justice. Everyone has a right to defend themselves, and are innocent unless proved otherwise.

Remember, DD is a criminal conviction, and as such the case against the accused has to be proved beyond reasonable doubt. Any defence based on the submission of the sealed police sample being negatively tested for alcohol by an independent and respected laboratory will introduce sufficient doubt to force the withdrawal of the case.

As far as Vic's friend is concerned, there may well be good medical grounds for their lack of consciousness, not necessarily limited to intoxication. These could include a CVA, a transient epileptic condition, a side effect of prescribed medication, low blood pressure, diabetic coma, etc, etc. Hopefully the medical diagnosis following the incident is being explored. Again, in the absence of alcohol, such a physical reaction could result in dismissal of any (as yet to be started) legal action.

I do not know the person concerned, they have nor consulted me so I have very few details to go on. I would hazard the guess that very few people drink themselves into unconsciousness without some memory of how they got into that state. However, their are certain obligations on the part of hospitals, thus there is a standard protocol to follow. Even if over the limit, the elimination of a medical cause could be the difference between a 12 month ban and cancellation of their licence altogether on medical grounds.

It works both ways, speculation on as legal case is seldom productive

 

[PhilandMena]

My thought's exactly !

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