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Police Procedure

Cases that involve the provision, transportation and analysis of bodily samples require a strict, often complex procedure to be followed by the police.

Whilst some police officers are competent and reliable, like people from all walks of life they can and do sometimes cut corners and make mistakes.

The statutory procedure for obtaining breath, blood or urine samples from defendants in drink driving cases is set out in the MGDD/A, MGDD/B and MGDD/C forms used by the police. Parts of the procedure required when obtaining samples in drink driving cases are mandatory. This means that if they are not followed correctly according to the law, the Court will not allow the evidence obtained as a result to be relied upon. This will almost certainly result in a prosecution for drink driving being dismissed.

We often receive calls from people who have already pleaded guilty in Court and been disqualified. Unfortunately, by that time the situation may be irreversible as the Magistrates will almost certainly refuse to reopen the case – the sentence imposed will therefore stand. This shows how vital it is to obtain prompt and reliable legal advice from a specialist if you have been charged with drink driving. If you plead guilty without doing so, it could be to late to avoid a criminal record, save your licence and all that goes with it.

We are often asked to give examples of the kind of points that we have successfully argued on behalf of our clients in drink driving cases.

Click here to see examples of cases where the correct procedure has not been followed and this has resulted in drink driving cases being dismissed.