Drink Drive Cases

Do you require advice on any of the following:

Technical Defences (OPL) BAC Calculations
Drunk in Charge cases
Failure to provide a sample including phobia & anxiety issues
CCTV Examination & Drink Drive Procedures & Protocol
Alcohol level at the time of an incident
In house alcohol elimination rate testing
Unusual Defences
Blood and Urine Sample testing

 

Technical Defences (OPL) BAC Calculations
Scientific calculations can be carried out to determine an individual's likely breath, blood or urine alcohol level either at the time of a test, time of driving or the time of an incident in an OPL defence. An individual’s likely level can be calculated based purely upon recollections of what alcohol they consumed and calculating likely levels taking into account any unintended consumption, additional consumption (laced drinks) and post driving consumption, depending upon the circumstances of the case.  Post driving, hip flask and laced alcohol arguments make up a large part of the calculations we carry out for drink drive cases. These assist in showing whether an individual's alcohol level would be under the legal limit or lower at the time of the test, enabling a lower sentencing band.

 

Drunk in Charge cases
Many individuals are charged with being drunk in charge of a motor vehicle. The statutory defence to such a charge, is to show that an individual would not have driven until their alcohol level would have fallen below the legal limit. Unlike some experts, we will always ask when your client would have next driven, before we answer this question.  We do this to ensure we cannot be accused of "coaching", therefore risk jeopardising an individual’s case. We find this also strengthens our statements, which are generally then accepted.

 

Failure to provide a sample
These cases fall into three groups, those involving breath, blood and urine. Mr Andrew Stephens is the author of a report looking at the minimum lung function requirements to provide a breath sample in the current generation of Evidential Breath Testing Instruments. Andrew is also familiar with the procedures involved in the taking of breath, blood and urine and the testing thereof.  We also have our Forensic Psychologist Dr Wendy Clochet who has prepared reports in many cases involving failure to provide a breath sample due to anxiety, failure to provide a blood sample due to needle phobia and failure to provide a urine sample due to shy bladder syndrome.

 

CCTV Examination & Drink Drive Procedures & Protocol
More and more often the Drink Drive procedures conducted at the Police Station come into question. Has the MGDD forms been completed correctly? Were the correct questions asked of your client? Were the instructions given incorrect or contradictory? As a trained supervisor, Mr Andrew Stephens is familiar with the correct procedures and can advise on any such problems. Andrew can study the MGDD forms and the Custody suite CCTV footage to ensure correct procedures have been followed and carried out. Andrew can also check continuity of samples taken.

 

Alcohol level at the time of an incident
The level of alcohol in an individual or alleged victim at the time of a motoring incident, fight, sexual assault etc., may be extremely important to the actions taken by that individual at the time in question. The likely alcohol level of the individual in question can often be estimated for a given time depending upon the information available either in the form of alcohol levels in drink drive cases, post mortem alcohol levels, blood samples taken in sexual assaults or pieced together from eye witness accounts or the statements given by victims. We have been involved in many cases where the level of intoxication of a key witness, or victim in an incident, has caused the strength of their evidence to be questioned or even rejected.

 

In house alcohol elimination testing
At Formedecon we have two of our own Evidential Breath Testing devices and a Roadside Screening Test device. We were the first independent laboratory in the UK to be equipped with the Camic Datamaster and the Lion Intoxilyser 6000UK. Andrew Stephens is qualified to supervisory level in the use of both devices. Using these we can test individual's alcohol elimination rates and check their general alcohol physiology. We have conducted many scientific arguments to prove that individuals with slow elimination rates would not have been over the legal limit had they eliminated alcohol at the "standard" rate. Each test is tailored on an individual case to case basis

 

Unusual defences
In addition to the above, we have looked at cases involving interference from airborne pollutants, fuels, paint fumes, mouth alcohol caused by dental work, genetic abnormalities, detonation of air bags, CS Sprays, glues, industrial chemicals and processes, sweets, other food stuffs, homemade medicines, medical conditions to name but a few.

Blood and Urine Sample testing
We offer testing of blood and urine samples to determine the presence and level of alcohol therein.  Results are returned in an easy understandable format and can be presented as Section 9. format should this be required. 

 

Our expert in this field is Mr. Andrew Stephens.  He has experience in over ten thousand cases involving alcohol in the UK.  He has the experience and knowledge to help you get the best evidence for your client’s case. We offer a fast turnaround on alcohol technical defence reports and all we need to complete your instructions is one of our alcohol questionnaires completing and a copy of the applicable test certificate. 

 

Whatever your case, if it involves alcohol we can almost certainly help so give us a call on 01388 811003 or E-Mail us at: formedecon@aol.com