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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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After being pulled over, taken to the police station and providing

Customer Question

After being pulled over, taken to the police station and providing a urine sample, my test results have come back positive for being over the legal limit.
I go to court on Monday
I will be pleading not guilty and representing my self at this stage.
I will be requesting full disclosure regarding the urine test to ensure all procedures were followed correctly.
My intention is to prove to the judge that full proper procedures were not followed and therefore prove a reasonable doubt to the judge and hopefully get the case thrown out.
However....
I'm not sure what exactly I should be asking for?
What is the correct legal term for requesting full disclosure?
And what exact information should I be requesting?
Case is on Monday,
Any help and advice would be most appreciated,
Many thanks in advance
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the basis of your defence?
Customer: replied 1 year ago.
Hi Jo,
My defence is that I believe the test results are not correct.
I have been told that in many cases urine and blood sample procedures are not followed 100% acurare according to the law.
And as a result of this the judge has no choice but to throw the case out.
Many things were not correct during my arrest I my opinion, however these things are pointless to follow up as they wont help my defence.
It was clear to me T the time that the arresting office was new and didn't know what she was doing. This was later confirmed to me by her and her colleagues who basically told me she was clueless didn't know her job.
I'm almost positive that my samples didn't go through proper procedures.
Which is why I would like to follow this up further.
Expert:  Jo C. replied 1 year ago.
Please take no notice of the nonsense people talk.
What specifically was not done in the test or done that should not have been?
You are not describing a defence at this stage.
Customer: replied 1 year ago.
The person I asked is a solicitor who has dealt and won many of these cases before.
I've also read online from legal firms who specials in drink driving.
" it is also worth adding that in blood and urine cases, the handling of the sample, and recording of the samples handling by the police and experts are often deficient. These cases are very often open to challenge by the defence"
The above information matches what my solicitor friend advices me.
Expert:  Jo C. replied 1 year ago.
I'm afraid that is extremely optimistic.
So would it be possible to give me the information I asked for?
Customer: replied 1 year ago.
My defence is that I don't drink. Therefore the test results must be incorrect. And I would like to go about gathering evidence to prove this.
I think firstly I need full disclosure of all the information.
Then get a legal team to go through everything to ensure full procedure was followed.
Based on what I've read and heard very often procedures are not followed correctly.
It may be optimistic however I am positive of success
Expert:  Jo C. replied 1 year ago.
OK.
So what specifically was done that should not have been or was done that should have been?
Customer: replied 1 year ago.
Right now I'm not sure. Once I have full disclosure I can get a legal team to determine this.
Without this information I can't determine if everything was followed correctly.
I was going to have a solicitor come with me to court on Monday. However when he told me all he was going to do was request this info I decided I can do that my self without paying the £1000 that he would have invoiced me
Have you dealt with any cases like this before, if not have you heard of similar cases. If not are you able to find out?
I have court on Monday, I think what we are doing here is finding a loop hole in the system. From what I've heard and read it's common for recordings and procedures not to be 100% followed. By either the police or the experts.
Expert:  Jo C. replied 1 year ago.
OH yes. Usually they fail though I'm afraid.
There are a number of reasons for that though that might not apply. Generally speaking people who raise this defence are guilty and just don't particularly like the idea of being banned. Therefore they read nonsense on the internet on sites like pepipoo about how easy it is to escape these things, go to court and lose and get whacked with enormous costs orders.
Urine tests are not really particularly complicated. There are lots of challenges that are regularly brought and the experts generally say they will make no difference and they lead to convictions. There have bene challenges on the basis that the delay was inadequate between the two tests which has been roundly rejected by the Court of Appeal. The one that seems to be popular at the moment is to argue that the bladder was not fully emptied on the first occasion therefore allowing for some alcohol to remain in the body but I have never seen an expert report, even from the defence, that says that would make any difference.
Urine isn't a substance that can be tampered with easily and anyway it is difficult to get a court to accept that the police would want to do that especially as most custody suites are on CCTV with audio and visual recording now.
On your specific point above, if you go to court and ask CPS for 'full disclosure' you will receive the answer that you are on a fishing expedition and they are under no duty to disclose. They will disclose anything that they rely upon. If you want to obtain any further disclosure then you need to submit a defence statement setting out what your specific defence is. They will then consider whether anything in their possession undermines their case or assists yours.
Usually a statement is disclosed with AI from the officer conducting the test.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
So what exactly do I ask for in court?
What's the legal term for my request?
What information am I requesting ?
How should I make my request and for what information??
Expert:  Jo C. replied 1 year ago.
They will disclose anything that they rely upon. If you want to obtain any further disclosure then you need to submit a defence statement setting out what your specific defence is. They will then consider whether anything in their possession undermines their case or assists yours.

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