Blood sample and urine samples can be requested for a number of reasons, in particular where the driver has been accused of drug driving or where there have been difficulties in providing a sample of breath for analysis.
Where a driver has been requested to provide a blood or urine sample, the police must follow very strict procedures in ensuring that a blood sample was taken by a registered medical practitioner. Moreover, it is crucial that certain documents and certificates are produced by both the police and the medical practitioner when producing the samples for use in court proceedings.
The police must also offer you a sample of your blood or urine to undertake your own independent analysis if needs be. The police must also prove that the sample that was taken from you is the identical sample that is analysed by a forensic scientist.
Defence of Failure to Provide Urine or Blood Sample
The provision of blood and urine samples is a fertile ground for an expert motoring solicitor and the following are points that may assist in the prosecution being unable to prove beyond reasonable doubt that you were drink driving:
- An independent defence analysis of the sample that you provided at the police station demonstrates that the prosecution reading is inaccurate or less than alleged.
- A defect in the procedure when the blood or urine sample is taken from you by a registered medical practitioner or police officer.
- The prosecution being unable to prove that the sample taken from you is the same sample analysed by the Forensic Scientist instructed by the Police.
- Asking the prosecution to prove ‘continuity of evidence’ where samples of either blood or urine are taken to support the prosecution for drink driving.
#1 Motoring Solicitors have defended allegations of drink driving where samples of blood or urine have been taken by the police. Through our expert intervention, utilising the technicalities and loopholes of the Drink Driving Legislation and Road Traffic Act, many clients have been found not guilty.
