drink driving question for mad cop
Discussion
A mate of mine had an accident in the first week of january, the police turned up and breathalised him,he refused to give a blood test and they took a urine sample instead. To this day he has heard nothing from the police or cps. The bib at the time said it can take up to 3 weeks to get the results back but its been nearly five weeks now without hearing anything. What is the procedure / time scale for issuing a summons if sample is positive? if it is negative will they contact you? i would not think they would bother. From what i know they are usualy very quick to bring you into court as in george bests case
Sample would have to be sent off to Forensic Science Lab for analysis, an overworked Department.
Sample result when returned if OPL then file prepared, information laid, summons taken out by Department snowed down with unsigned speeding forms.
IF still nothing heard in next coiuple of weeks I would be making an enquiry of Plod to see what is happening.
George Best was, according to reports was a model offender and did all the necessary there and then on the machine - no hassle - job done and over with.
DVD
Sample result when returned if OPL then file prepared, information laid, summons taken out by Department snowed down with unsigned speeding forms.
IF still nothing heard in next coiuple of weeks I would be making an enquiry of Plod to see what is happening.
George Best was, according to reports was a model offender and did all the necessary there and then on the machine - no hassle - job done and over with.
DVD
I am no expert, but, I am under the impression that if you come up +ve on the breath test you have to give a blood test to confirm the level of alcohol in the body.
Your friend will have been arrested at the scene for a +ve sample. It is highly unlikely that he/she will have been de-arrested as you say.
As other posters have said it may take up to 8 weeks to be contacted.
However, if, as you say he/she failed a roadside breath test then that is a problem and I hope they get the punishment they deserve.
Your friend will have been arrested at the scene for a +ve sample. It is highly unlikely that he/she will have been de-arrested as you say.
As other posters have said it may take up to 8 weeks to be contacted.
However, if, as you say he/she failed a roadside breath test then that is a problem and I hope they get the punishment they deserve.
One of the problems with drink drinking is the absorbtion rate. If you are stopped just at the end of a session, then the content in your blood is probably still rising as the digestive system does the business. A breath test / blood sample will potentially give the lower reading.
Waiting to give urine may increase the alcohol level.
However,
If the request comes some time after the drink, and the blood levels have peaked, those levels will be dropping as your body clears the alcohol.
If a blood or breath sample is taken, that reading will be higher than one produced after the 'hours' wait for urine samples.
In urine cases there is a reduction figure in the labs to cater for anomonlies, so the reading may be lower still.
It boils down to whether your content is marginal or not, the time since the drinking, with a couple of drinks the time delays in providing urine may produce a lower reading.
Waiting to give urine may increase the alcohol level.
However,
If the request comes some time after the drink, and the blood levels have peaked, those levels will be dropping as your body clears the alcohol.
If a blood or breath sample is taken, that reading will be higher than one produced after the 'hours' wait for urine samples.
In urine cases there is a reduction figure in the labs to cater for anomonlies, so the reading may be lower still.
It boils down to whether your content is marginal or not, the time since the drinking, with a couple of drinks the time delays in providing urine may produce a lower reading.
When a person who is involved in an RTA is injured and goes to hospital then the Hospital drink drive procedure kicks in.
A Sergeant is called to the Hospital as is the Force Medical Officer.Blood/Urine is taken for analysis and the person is released from the Hospital as they are no longer under arrest.
Obviously the persons particulars are verified and sadly from here all you can do is wait.....shouldnt be too long before you hear, one way or another (sounds like a song from Blondie...god im showing my age)
A Sergeant is called to the Hospital as is the Force Medical Officer.Blood/Urine is taken for analysis and the person is released from the Hospital as they are no longer under arrest.
Obviously the persons particulars are verified and sadly from here all you can do is wait.....shouldnt be too long before you hear, one way or another (sounds like a song from Blondie...god im showing my age)
yeh, they were definitely de-arrested, although this is weird because they were never given any legal advice because the police said they were not under arrest at the hospital.
Apparently he started drinking at 7pm in the evening and consumed equiv of 6 pints of alcahol upto 2am. They were given breath test around 4:30 am which was positive. The police only got the urine sample at 7:30 am after he drank about 2 litres of water from a tap in the toilet. The sample was pretty clear by all accounts. not sure if this is a boarder line case. he only weighs about 9 stone so dont rate his chances.
Apparently he started drinking at 7pm in the evening and consumed equiv of 6 pints of alcahol upto 2am. They were given breath test around 4:30 am which was positive. The police only got the urine sample at 7:30 am after he drank about 2 litres of water from a tap in the toilet. The sample was pretty clear by all accounts. not sure if this is a boarder line case. he only weighs about 9 stone so dont rate his chances.
Mellims said:
yeh, they were definitely de-arrested, although this is weird because they were never given any legal advice because the police said they were not under arrest at the hospital.
Apparently he started drinking at 7pm in the evening and consumed equiv of 6 pints of alcahol upto 2am. They were given breath test around 4:30 am which was positive. The police only got the urine sample at 7:30 am after he drank about 2 litres of water from a tap in the toilet. The sample was pretty clear by all accounts. not sure if this is a boarder line case. he only weighs about 9 stone so dont rate his chances.
Well he's an idiot to drive after that amount to drink. As a matter of interest who's fault was the accident?
i dont think accident was anyones fault, something was in the road and he swerved around it and lost control, he should have just driven over it but natural reactions took over, in theory he should have 0 alcahol in his blood by 7.30 am in the morning if you go on 1 unit an hour and a total of 12 units. The 3 hour delay in getting the urine sample is enough time to dispose of 1.5 pints in theory also. so if he was just over the limit when stopped the test will definitely be negative.
Mellims said:
are they obliged to contact you? they have nothing to gain in informing you of a negative sample so would not think they would bother!
Yes they will definately contact you.
Either was so that they can close the case.If they cant contact you and the sample is over the limit then a warrant will be issued etc etc etc and when/if he gets stopped for any driving offence and the Police do a name check then he will be shown as being Wanted for the offence and promptly arrested and taken before a Court.
Mellims said:
in theory he should have 0 alcahol in his blood by 7.30 am in the morning if you go on 1 unit an hour and a total of 12 units. The 3 hour delay in getting the urine sample is enough time to dispose of 1.5 pints in theory also. so if he was just over the limit when stopped the test will definitely be negative.
Surely, that a complete load of b0ll0cks?
I thought it took a minimum of 24 hours to be fully out of your system. Or am I being overly cautious as I never drink when I drive, ever!
I had about 6 pints on friday going at the same rate as the person mentioned...I didn't get up until midday on saturday, and even then refused to drive until sunday morning, I just didn't feel quite 100% and refuse to take any risk even if I am theoretically back under the limit.
To be honest, the person mentioned should have the book thrown at him IMHO.
To be honest, the person mentioned should have the book thrown at him IMHO.
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