Case at Police Station Stage
The most common reason for being bailed to return to a police station interview and not being charged straight away is because the Police need to receive the results of a blood or urine test before they have sufficient evidence that you were over the limit.
There are lots of reasons why a blood or urine test can be offered or required in addition to or instead of a breath test. It is VERY important that you consider the following recommended steps as soon as possible if you are in this situation:
- If you were offered your own sample to have independently analysed, (which you should have been as this is a mandatory part of the Police procedures) you should ensure that the sample is stored in accordance with any instructions that were issued to you by the Police (usually the instruction will be to store in a refrigerator.)
- SEND YOUR SAMPLE TO AN INDEPENDENT ANAYLST NOW!!!! We can not stress the importance of this enough. Geoffrey Miller Solicitors have won so many cases as a result of the ability to refer to an independent analysis of the sample. The results of an independent analysis frequently differ to the analysis that Police analyst will have conducted. This can often cast doubt on the Prosecutionís evidence and lead to an acquittal. It should cost no more than £150 to have your sample analysed. The cost of the analysis will be recoverable from the court only if you are later found Not Guilty after a trial. If you do not have details of a lab to send your sample to, please take a look at this booklet setting out details of analysts across the country.
Our tip is that it is always better to use a lab who are UK NEQAS National External Quality Assessment Service accredited.
- Write down EVERYTHING you can remember about the events leading up to and during your arrest. If you are charged in a few weeks or months from now, we can guarantee you wonít remember everything as vividly then. Please take extra care to record your recollection of the booking in procedure at the police station and all of the information and advice you were given by the Police about your legal rights/consent etc.
- If you were suffering with any medical conditions prior to or during your time in custody, it may be worthwhile visiting your GP so that there is a record of your symptoms and/or diagnosis.
- Make a written request to the Police to preserve all CCTV evidence of your time in custody and of any breathalyser/blood or urine procedure. Make sure the request is sent by a recorded method and keep a copy of it. Follow up the letter by telephoning the police to ensure your request has been received. Record the details of all people you speak to about this.
- If you are due to return to the police station for a recorded interview, it is wise to arrange for a lawyer to go with you. You are entitled to free representation at the Police Station, regardless of your income level. Please refer to this booklet for more information about your rights to legal respresentation at the police station stage.
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