driving whilst unfit through DRINK - drink drive
Whether Blood samples unlawfully obtained by the police are admissible
Criminal Solicitors should be aware under what circumstances, unlawfully obtained samples by the police will be admissible and criminal solicitors should be able to advise on the arguments necessary to have that evidence excluded in any drink driving offence. Good criminal solicitors should be aware of the 2019 case of Twigg which discusses this issue & states that "The decision in Murray is not.....authority for the proposition that any breach of any of the procedures associated with the obtaining of specimens under section 7 of the RTA 1988 means that a specimen is automatically rendered inadmissible in evidence in criminal proceedings."
If you are facing drink drive charges, contact a good firm of criminal solicitors who are experienced in handling Drink Drive defences.
extended retest following disqualification
Can a Court order a retest, when a retest order is already in place
Criminal Solicitors should be aware of the 2019 case of Brendan Weafer, which deals with this issue. The Court of Appeal held that where there is an existing order to take a retest, there is no power to order a retest.
Case Law
Brendan Weafer [2019] EWCA Crim 1072
R v Needham [2016] EWCA Crim 455
R v Anderson [2012] EWCA Crim 3060
Legislation
s36(7) of the Road Traffic Offenders Act 1988