Drink or Drug Driving – The Second Sample
In some cases, the police need to take either a blood or urine sample from a driver suspected of driving under the influence of drink or drugs. In almost all instances, the police opt for a blood sample.
What Happens Next?
Part of the problem is the procedure adopted by the police. The police do not offer a sample to the suspect (save in one instance where the suspect is incapable of consenting), they merely state, at the commencement of the procedure, and as part of a long script, that a suspect can request a sample.
Before the 1988 road traffic legislation, there was a specific requirement for the police to offer a specimen, so the new law was very much a significant dilution of rights.
In Campbell v Director of Public Prosecutions [2003] EWHC 559 (Admin) the court held:
From a practical perspective, this is a deficiency in the procedure, the suspect must first pick up on the option being available, which is not always easy during what can be a confusing and pressured situation, and then they must later make a specific request.
Before the 1988 road traffic legislation, there was a specific requirement for the police to offer a specimen, so the new law was very much a significant dilution of rights.
In Campbell v Director of Public Prosecutions [2003] EWHC 559 (Admin) the court held:
From a practical perspective, this is a deficiency in the procedure, the suspect must first pick up on the option being available, which is not always easy during what can be a confusing and pressured situation, and then they must later make a specific request.
Before the 1988 road traffic legislation, there was a specific requirement for the police to offer a specimen, so the new law was very much a significant dilution of rights.
From a practical perspective, this is a deficiency in the procedure, the suspect must first pick up on the option being available, which is not always easy during what can be a confusing and pressured situation, and then they must later make a specific request.
Before the 1988 road traffic legislation, there was a specific requirement for the police to offer a specimen, so the new law was very much a significant dilution of rights.
How We Can Assist
If you need specialist advice in relation to any criminal investigation or prosecution, then get in touch with Oliver Gardner on 0161 872 9999 or oliver@motoringlaw.co.uk and let us help. We can advise on all aspects of your case.