Ask a Traffic lawyer
  • This field is for validation purposes and should be left unchanged.

Speak to a Lawyer Today CALL 0800 612 9597

lawsociety

 
kindle

Testimonials


Where do I start? Over the 15 months and 7 adjournments of my case I have had nothing but the best of advice and attention from Mr Graham Walker and and his staff. On the day of my trial (24/06/2010 ) I was represented by Miss Ferguson of roadtrafficlaw.com and she was quite simply superb in her handling of the not guilty plea and the two police officers who originally charged me with the offence, in fact to the point I actually nearly began to feel sorry for them as she pointed out their mistakes and totally different stories. As for the firm itself, well you just will not get a better company to deal with, great personal service from all levels of staff employed there, professional to the end. Mr Walker I can well see why you were shortlisted for an award and as for Miss Ferguson she is an absolute star. At the end of the proceedings I was as you might have guessed by now found not guilty. Thanks again to all involved.
, Greenock Sheriff Court

Thank you for all your help. My case has taken a long time to come to a conclusion but I am happy I took your advice. I would also like to thank Kirsten Ferguson who took my trial for me as she was very professional. I will have no hesiatation in recomending others to you in the future.
, Glasgow Justice of the Peace
Road Traffic Lawyers is rated 5/5 based on 63 testimonials.

IN-THE-MEDIA

penalty_points

Drink Driving Police Office Procedures Re: Blood or Urine Samples

Drink Driving – Police Procedures

Sections 7, 8 and 9 of the Road Traffic Act 1988 provides the procedure which must be followed by the police when samples of blood/urine are taken.

The admissibility of those specimens as evidence against a motorist charged with drink driving depends upon the procedures being followed correctly. We always seek the 4:8:1 form that should be a record of the procedures followed and often therefore acts as the cornerstone of our cross examination in such cases. We will also seek sight of the intoximeter log to ensure that it was working properly on the day of the given sample.

As a suspected drink driver you have a legal obligation to provide a laboratory sample when one of the four reasons set out at section 7(3) occurs. BUT before such a sample is taken the driver needs to be provided with certain information by the police:

  • he has to tell the motorist the reason under terms of s.7(3) why breath specimens cannot be taken or used in this matter;
  • he should tell the driver that in those circumstances he is required to give a sample of blood or urine, but that the officer will decide which. Many drivers believe that they have the choice but this is wrong, the choice is with the police officer dealing with the case.
  • he must warn the driver that a failure to provide the sample required may result in prosecution;
  • and if he has asked for a sample of blood,
  • he should ask the driver if there is any medical reason why a specimen cannot or should not be taken by a doctor.

When, in the circumstances set out at section 8(2), a driver may choose to replace a breath specimen by supplying a laboratory sample,

The officer should inform the driver of the nature of the option open to him and what will be involved if he exercises it;

  • he must inform the driver that the specimen of breath which he has given containing the lower proportion of alcohol exceeds the statutory limit; but does not exceed 50 microgrammes of alcohol in 100 millilitres of breath;
  • he should inform the driver that in the circumstances he is entitled to claim to have this specimen replaced by a specimen of blood or urine if he wishes; We have heard countless tales of drivers claiming that the police officer told them not to bother as it would serve no real benefit to them: rubbish, you should, where the opportunity arises ask for a blood sample to be provided. If there are medical reason why you cannot give blood then make sure that these reasons are stated and recorded.
  • the police officer should ask the driver if there are any medical reasons why a sample of blood cannot or should not be taken. Having read the above if you think the procedures for you were any different then get in touch and we may be able to win your drink driving case and save your driving licence.

Graham Walker

Graham Walker

Road Traffic Lawyer at RoadTrafficLaw.com
Road Traffic Lawyer: Graham Walker LLb,DipLP,NP

30 Years practising as a Criminal lawyer in Scotland. Specialising in road traffic law. Whatever the road traffic law problem is we are sure that we can help you. It may be about speed cameras, Speeding fines, penalty points. Call 0800 612 9597.
Graham Walker
Graham Walker
Graham Walker

Recent Case Results

Dangerous Driving – Stirling Sheriff Court

Dangerous Driving – Stirling Sheriff Court - Outcome after negotiations with the Crown our client pled guilty to a reduced charge of careless driving Section 3 with substantial deletions to the original libel, 6 penalty points endorsed and £400 fine.[read more]

Mobile phone case at Dumbarton Justice of the Peace Court

Mobile phone case at Dumbarton Justice of the Peace Court - outcome Case deserted simpliciter[read more]

Speeding Dumbarton Justice of the Peace Court

Speeding Dumbarton Justice of the Peace Court - Outcome case deserted simpliciter[read more]