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Yes, no problem.
Can you give me some time to look this up? I know the law has changed on this point but I need to find it.
You don't need to sit on line and wait. You will get an email when I respond.
I'm sorry for the delay. It took me ages to find this.
I know that they are not doing this now.
I think they say the reason for that is that the breathalyser has become more reliable.
In any event, they should turn to a specimen of blood if the breathalyser is considered unreliable. You can find that at S7 (2) onwards
The biggest factor that renders these devices unreliable is mouth alcohol.
In any event, the short answer is that it does not, per se, render the prosecution void but it does open up the challenges available to him that they have not done this.
Can I clarify anything for you?
The breathalyser tries to measure the amount of lung alcohol.
That is a breach but it only really goes to the issue of failing to provide.
It doesn't render the entire findings unlawful I'm afraid.
You can always try to exclude it under section 78 of the police and criminal Evidence Act but that is hard test
I will just check actually if you are happy to wait.
I thought this was right. They have to follow this procedure
But failure is not invalid unless is renders the findings unreliable - DPP v Coulter.
The warning is statutory under 7.7 but that goes to the consequences of failure.
Re Murray, it was considered in a case called Twigg and decided that it was not authority for the proposition that any breach of S7 RTA means that the specimen is automatically inadmissible.
I wil try to upload the section of Archbold.
It wont let me upload to this page. I don't know why.
I will see if customer services can send it on to you.
Right, the Traffic Commissioner might revoke anyway.
Yes, it is always possible to challenge the reliability of the device. It depends how much he wants to spend on this but I suppose his livelihood is at risk.
Like the DVLA, they can revoke even on mere suspicion although probably would need more that the mere allegation.
As to him having a case, anybody can challenge anything. I have to be honest with you and tell you he is quite unlikely to succeed but I suppose he just wants an opportunity.
I asked customer services to forward the section from Archbold on.
All the best.
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The section is attached. We worked it out
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