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Ash
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I had a road traffic accident on the 27th March 2016 due to

Resolved Question:

I had a road traffic accident on the 27th March 2016 due to my injuries I was admitted to hospital. I was breathalysed at the hospital by a police officer & was told I was over the limit, I signed nothing & did not receive a print out of the results, my mother was present to confirm this. I was then asked to provide a blood sample which I did willingly, but do not know why as I had already provided the breath sample. The sample apparently went missing & I was not informed of this until the 24th May 2016, nearly 2 months later. The blood sample then came back that I was almost 2 X over the legal limit. Do the police need to prove where this sample has been all the time it was missing?
Submitted: 6 months ago.
Category: Traffic Law
Expert:  Ash replied 6 months ago.

Hello my name is ***** ***** I will help you.

Are you saying it is not your blood?

Customer: replied 6 months ago.
How would I know if it's been missing how can they prove that it is & I need to know if they need to prove that it is?
Customer: replied 6 months ago.
I need help Alex as I'm at a loss looking on forums etc as to where I stand
Expert:  Ash replied 6 months ago.

All they would need is a blood sample off you now and they could run a Dna test on both. Then you can see if it is a match.

Or you can plead not guilty and then make the police prove its your blood and where it has been. They also need to prove it has not been tampered with.

So you may have gotten away with being careless and over the drink drive limit and get away with it.

Can I clarify anything for you about this today please?

Alex

Customer: replied 6 months ago.
Thanks, ***** ***** likely to get a greater sentence if I pleed not guilty & then proven guilty if dna sample matches original bloods taken?
Expert:  Ash replied 6 months ago.

Yes If convicted after trial it's a harsher sentence.

Does that clarify? Alex

Customer: replied 6 months ago.
Any idea what I could be looking at either way?
Expert:  Ash replied 6 months ago.

A fine and ban for either 2 years after trial or 18 months if plead guilty. Does that clarify? Alex

Customer: replied 6 months ago.
thank you in your professional opinion given what I have said would you plead guilty or not?
Expert:  Ash replied 6 months ago.

It's up to you. I can't tell you what to do. You either accept you were over the limit or you don't. Alex

Customer: replied 6 months ago.
But how easy would it be for the police to prove where my blood sample has been for the last 2 months or that it has not been tampered with?
Expert:  Ash replied 6 months ago.

That's for the police to prove. They may not end if so you have gotten away with being reckless and drink driving.

I can't tell you what to do, I can only tell you the law? Alex

Customer: replied 6 months ago.
thank you for your help
Expert:  Ash replied 6 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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