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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice.
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I've not been cautioned, not arrested, not interviewed,

Resolved Question:

I've not been cautioned, not arrested, not interviewed, not charged but I did give a blood sample for alcohol in hospital about six hours after a car crash. It came back just under according to the police and now they want to make a back calculation plus speak to me. Where do I stand legally? Do I have to speak to them? Do I have to provide them with any other information than my name, address and date of birth?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.

No, you don't. You can make a no comment interview.

Expert:  Jo C. replied 1 year ago.

I suppose in principle you could refuse to attend but then they will just come and arrest you.

Expert:  Jo C. replied 1 year ago.

If you don't consent to the BAC calculation they will just do it covertly using the specimen of breathe you have provided.

Expert:  Jo C. replied 1 year ago.

Generally speaking, you want to be answering questions if you have an innocent account.

If not then you should be making a no comment interview.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
I did not provide breath, it was blood at the hospital
Customer: replied 1 year ago.
Do I have to give consent?
Expert:  Jo C. replied 1 year ago.

Not if it was taken on behalf of the police. Blood is always taken by medical professionals. The police don't do that in custody.

Customer: replied 1 year ago.
They've had my blood sample for over two months, shouldn't they have gotten a warrant for arrest by now?
Customer: replied 1 year ago.
I couldn't give a breath sample due to chest injuries caused by the accident
Expert:  Jo C. replied 1 year ago.

They don't need a warrant for you arrest. They have powers under PACE that are stand alone.

Customer: replied 1 year ago.
Due to head trauma I had from the accident I have no recollection of the accident or the hours leading up to the accident. I've already made a short statement to the police stating no recollection. I cannot understand why the police still want to talk to me, if I have to say anything further or why they have not already started the process to convict me?
Expert:  Jo C. replied 1 year ago.

Probably because they are investigating an offence arising from the accident.

Also, they probably don't accept that you can't remember.

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