Our client, was arrested for failing to provide a breath specimen at the police station successfully quashed his conviction at Isleworth Crown Court.
Despite having tested positive when breathalysed at the roadside, and then was taken to Belgravia police station our client was not asked to provide a blood or urine sample despite informing the officer that he had difficulties breathing and a pre-existing chest condition.
Whilst some medical evidence was available during his earlier trial in the magistrates court, our barrister carefully examined all of the medical notes as well as the opinion given by the medical practitioner. Our client was diagnosed with ” Allergic Rhinitis.”
A specialist consultant’s opinion was sought detailing two crucial factors:
1 – that each time the police sergeant insisted upon our client blew into the
breathalyser, it would become even more difficult (not easier) to provide a sample.
2 – Although the police sergeant conducting the test maintained that he could not see any physical signs of impairment, this was clearly wrong. The officer could not put himself in the position of the doctor and assess whether he could see any physical symptoms preventing our client from complying with the breath test. The officer has the option to take a blood or urine sample but did not.
The crown court agreed and our client was found not guilty and his appeal upheld.
As in this case, our comprehensive review of the papers in the lower court means reassessing and submitting evidence and arguments which were not made in the magistrates court, which have the ability to make all the difference.
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