If the breathaliser procedure is not correctly done then the court will have to throw the case out.
There are numerous procedural errors that the police can make in a drink driving matter.
This provides a whole list of potential defences relating to the drink drive procedure. The police follow a form called an MGDD A. This is meant to be an idiot proof guide but some mistakes still slip in.
Most of the time the breath procedure is carried out properly, the mistakes normally arise when the police have to deal with a blood or urine test.
The first thing to check with the breath test is that the 2 readings are within 15% of each other. If they are not then that is an indication that the machine is not working properly. The modern machines should alert the operator if the 2 readings are more than 15% apart.
Only a police officer can ask you to take a breath test, to try and cut costs some forces use civilian officers. This is unlawful and if proven will mean that the case against you will be kicked out and you will be found Not Guilty.
The procedure is complex and there are a number of things that the police get wrong.
There are too many to name but for example if the police officer does not believe that there are medical reasons for failing to provide a breath test but decides to give the defendant the benefit of the doubt this can be a defence.
The urine test is often taken incorrectly. The law states that the police have to take 2 samples, the first has to be discarded and the second is to be split into 2 and 2 of the samples provided to the defendant. The purpose of this law is that the sample should be an accurate sample. If the first sample is used then this includes a higher than normal percentage of alcohol since the body will have removed most of the alcohol and stored it in the bladder. The second sample gives a more accurate sample. We have dealt with numerous cases where the police take one sample and split it into 2 and throw one away. This is wrong and provides a complete defence.
When taking blood did the health care professional take it cleanly in one go or were there 2 separate attempts? Was the blood mixed?
These are just a selection of procedural errors we have dealt with successfully, we cannot give a full list here but our unique 57 step checklist enables us to find any defences based on the incorrect procedure.
If you think that there may have been an error in the procedure call us on 01623 397200 immediately so that we can preserve the evidence and assess your case.