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Thanks for reply
I was looking for legal advise base on the particulars raised , in addition to the mentioned case law information required. Have you no advise to give on the matters raised , in respect of Defence grounds or any other specific related case law that could apply ? I note that not all the mentioned info that I required is not readily available. Thanking you for info sent and that you will be able to retrieve remainder on Tuesday .My Court case is on Wednesday and urgently need info now , Tuesday is cutting it thin. Please advised
Thanks for reply .
I would be extremely grateful to receive the required review & help as promised and very happy to reward you with the most excellent ratings possible . Thanking you most kindly in advance for your diligence
Sorry you feel this way . I was not entirely happy with the given answer, and thought that was it. However on following up with you , you indicated further assistance and I was most happy and grateful . I noted you reply to address the ratings , which , I have upgrade to excellent and reply to you . Did you not get my reply and the up grade ratings . I apologise for any misunderstanding on my behalf . I do require the promised help and it was not my intention to cause any offence
Confirmed that despite the pain I did blow and gave the 62 reading
Thanks for review which was required to inform my best defence options , according to my given circumstance. It would appear that the general principles of using 'Duress ' would be disregarded as it is the officer choice , whether to deviate from standard breath testing and on medical information given to offer alternative Blood or Urine testing . That the individual has no right to this choice of testing , only if the breath testing is comply to in the first instances and the reading is below a 50 readings. In your , experience over the years , is a there a code that the practice of care to individuals should be taken in consideration in the gathering of evidence. That unnecessary pain and duress should not be inflicted in gathering go evidence. Otherwise the gathered evidence would be inadmissible . Would welcome your insights
Were you seen by a doctor at any time during your detention at the police station?
not seen by a doctor at police station
No medical information , but pulled up my shirt to show operation scar to back up statement made to officer
no drink drive booklet ( form MGDD/A) given
CCTV recording will be requested to confirm making statement and the pulling up of shirt showing the police officer the scar from my lung operation. I have ongoing breathing issues and out patient hospital appointments related to lung disease.
I have medical records of my lungs collasping twice , being hospitalised and having a lung operation . More recently over a year a go I had ambulance took me from home to hospital due to chest and breathing pain problems.
I am recieving on ngoing Out Paitient Hospital test and appointment for breathing and other related health issues. My doctor's medical record and hospital appointments is my source evidence. I have records of the Hospital appointments attended , and other programme schedule appointment . My next shedule hospital appointment is on Thursday 24th April
My court case is Wednesday . That is the date given on release from the police station to attend court .
Thank you .
The general impression appears that a technical defence based on in the breath reading registered at 62 , would seem unsound ,.n overriding That to a lesser level the pain suffered and due medical grounds appears casual and an overriding consideration for the officer to apply . He did not deviate from routine practice in issuing warning s to comply , regardless of , to breath specimens , as a requirement of his duty to apprehend justify his objectivity. Begs the question , in what situation would it have been , objective or appropriate for for a doctor to be consulted ? and would this be once a person is charged with failing to produce ? Has there been any successful change on the medical grounds of 'Duress ' when a person has taken a breath test and the reading is over.