Mistakes in Police Procedure

We can check the breath test forms and request the tapes from the breathalyser room to see if any of the following technical defences to drink driving offences may be available to you.

Police Procedural Error

These are just a few examples where drink driving charges may be dismissed.

Breath sample cases

 

• Breathalyser forms have not been completed correctly
• The police officer fails to ask all relevant questions to eliminate the risk of the breath sample being contaminated.
• Breath samples are not provided within an acceptable percentage difference. We can check your printout to see whether this is something we can argue.
• Failing to use the breathalyser equipment properly so as to ensure reliable breath readings.
• Not giving prescribed warnings to the motorist on the consequences of failing to provide samples. A Judge has held that failing to do so prevents the police from using the breath test samples in Court.
• Where the breath reading is at a certain level the police are required to give the motorist the opportunity of having a blood or urine test.
• Failing to follow up an alternative sample where there are doubts about the functioning of the breath test device.
• Manufacturers guidelines not being followed by the operator
• Non compliance with Home office circulars sent to police forces.
• Your rights on providing an alternative sample must be explained fairly and properly.

 

Blood sample cases

 

• There are meticulous requirements on the police when making records relating to blood samples. This is known as ensuring 'continuity'. If the police fail to maintain a proper audit trail we can raise this issue as a defence to drink drive offences.
• The police officer may require you to provide a blood sample when it is only optional to do so. In these cases the blood sample cannot be used in evidence.
• Where the blood sample has been taken due to a problem with the breath test device we can check whether this was in fact operator error in which case the police cannot use any samples against you.

 

Urine sample cases

 

• The urine samples have to be taken carefully in accordance with a set time frame. This is a common area where mistakes are made by the police. You may avoid a drink driving ban if this has not been done correctly.
• Where the urine sample has been taken due to a problem with the breath test device we can check whether this was in fact operator error in which case the police cannot use any samples against you.

Breathalyser Malfunction

Where the breathalyser machine malfunctions the police are required to request blood or urine.

The police on occasion misinterpret error messages and will incorrectly assume that you are being obstructive. Where this happens the case against you can be dismissed.

See Also: Legal Defences - Special Reasons - Reduction of Driving Bans