Failure to give a blood sample or not ?
Discussion
Hi
A friend of mone (honest) was involved in an accident a few months ago. She says another car ran her off the road but to be honest there's no evidence or witnesses so that doesn't come into it.
She was taken hospital and given a breath test there, which she failed. She admitted to having 2 glasses of wine shortly before driving the car. Now she was slightly concused, and was slipping in and out of conciousness. After the usual medical checks she was discharged.
She's now received a court summons to appear because she failed to give a blood/urine sample.
SHe doesn't remember being asked - certainly she wasn't arrested or cautioned and probably wasn't it a state to (she was pulled out of a burning car ! )
Seems a little strange that she wasn't arrested at the hostpital and cautioned ?
WHat's the normal proceedure ?
Cheers (no pun intended !! )
A friend of mone (honest) was involved in an accident a few months ago. She says another car ran her off the road but to be honest there's no evidence or witnesses so that doesn't come into it.
She was taken hospital and given a breath test there, which she failed. She admitted to having 2 glasses of wine shortly before driving the car. Now she was slightly concused, and was slipping in and out of conciousness. After the usual medical checks she was discharged.
She's now received a court summons to appear because she failed to give a blood/urine sample.
SHe doesn't remember being asked - certainly she wasn't arrested or cautioned and probably wasn't it a state to (she was pulled out of a burning car ! )
Seems a little strange that she wasn't arrested at the hostpital and cautioned ?
WHat's the normal proceedure ?
Cheers (no pun intended !! )
Surely she wasn't in a 'fit state' at the time to comply or otherwise and wouldn't a medical expert be able to confirm this?
I would have thought that, assuming this was the case, failing to provide a blood test etc might be dropped.
Having said that, being over the limit whilst driving is still an offence and as such might be convicatable anyway.
I'm not a legal guy, purely a view.
I would have thought that, assuming this was the case, failing to provide a blood test etc might be dropped.
Having said that, being over the limit whilst driving is still an offence and as such might be convicatable anyway.
I'm not a legal guy, purely a view.
I'm sure this happens all the time - accidents and DUI's - so there must be some type of procedure ?
Davel said:
Surely she wasn't in a 'fit state' at the time to comply or otherwise and wouldn't a medical expert be able to confirm this?
I would have thought that, assuming this was the case, failing to provide a blood test etc might be dropped.
Having said that, being over the limit whilst driving is still an offence and as such might be convicatable anyway.
I'm not a legal guy, purely a view.
If your friend was concussed then then Doctor should have refused to allow a preliminary breath test. The officer should then have sought either a sample of blood or urine - which would have been analysed by a police lab for alcohol. If an officer takes a sample of breath at hospital (always with Doc's permission) this is a screening sample. This sample proves that there is alcohol present in the test subjects breath. If the subject fails this they are arrested and cautioned for excess alcohol. If the subject is fit to leave hospital they are brought to a police station where an evidential sample of breath is recorded - for the prosecution file. If the subject cannot leave hospital the Doctor will take either blood or urine - if the patient refuses any of these procedures they are usually prosecuted for 'failing to provide'.
If your friend has a summons she should have been cautioned at the time and advised that she was to be prosecuted. Police should have detailed 'hospital procedure' documentation in accordance with PACE. The A&E dept. should also have Doctors notes. If the evidence that you have stated is true, an eight year old that wants to be a solicitor when they grow up should be more than adequate for defence council!
If your friend has a summons she should have been cautioned at the time and advised that she was to be prosecuted. Police should have detailed 'hospital procedure' documentation in accordance with PACE. The A&E dept. should also have Doctors notes. If the evidence that you have stated is true, an eight year old that wants to be a solicitor when they grow up should be more than adequate for defence council!
cheers - thought it all sounded a little strange.
Well hope the facts are correct !
Well hope the facts are correct !
deepblue said:
If your friend was concussed then then Doctor should have refused to allow a preliminary breath test. The officer should then have sought either a sample of blood or urine - which would have been analysed by a police lab for alcohol. If an officer takes a sample of breath at hospital (always with Doc's permission) this is a screening sample. This sample proves that there is alcohol present in the test subjects breath. If the subject fails this they are arrested and cautioned for excess alcohol. If the subject is fit to leave hospital they are brought to a police station where an evidential sample of breath is recorded - for the prosecution file. If the subject cannot leave hospital the Doctor will take either blood or urine - if the patient refuses any of these procedures they are usually prosecuted for 'failing to provide'.
If your friend has a summons she should have been cautioned at the time and advised that she was to be prosecuted. Police should have detailed 'hospital procedure' documentation in accordance with PACE. The A&E dept. should also have Doctors notes. If the evidence that you have stated is true, an eight year old that wants to be a solicitor when they grow up should be more than adequate for defence council!
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