There are often reasons why the prosecution may be unable to rely on the result from a breath testing machine and instead rely on the analysis of blood or urine.
This could be because the breath test result was borderline, that the breath testing machine at the police station was not working or that the sample was taken at a hospital. Click here to read more about hospital cases.
Blood and urine analyses often produce borderline results. This means that particular scrutiny must be exercised by Courts when considering whether the result of a blood or urine analysis is reliable. So, if the result of the blood or urine result is disclosed as being over the limit do you simply take the word of the police and /or laboratory or do you require them to prove the case? If you are not sure whether you were over the limit why should you simply take the police’s word for it? Their very role is to secure evidence against you!
In cases involving analyst’s evidence, you are entitled to access to all the analytical data produced by the laboratory when the sample was analysed. These can often reveal discrepancies whether they be with the sample itself or the equipment used to analyse it.
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