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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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Is unsigned breath alcohol test record enough to get off with

Customer Question

Is unsigned breath alcohol test record enough to get off with drunk driving charge
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Im afraid that Im not sure I can give you good news.

Certainly if they cannot attribute the specimen to you then that is certainly a challenge.

If its just that an officer has not signed it though then that is not fatal. Its likely that they can prove this in other ways such as their notebook. Also, if they have completed the remainder of the forms then realistically that is sufficient to evidence it.

Police officers are always failing to fill out paper work properly. The days have gone when that type of thing was fatal to a prosecution Im afraid.

Unless the failure to sign casts doubt upon whether the specimen was yours it would make no difference. Its not likely that it says anything about the procedure which, in any event, is probably recorded on the custody suite CCTV footage.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola