Facing allegations of drink or drug driving can be daunting. While many believe a positive breath, blood, or roadside drug test guarantees a conviction, police must follow strict legal procedures from the stop to the collection of evidential samples. Mistakes in these procedures can render evidence unreliable or inadmissible. Experienced drug driving solicitors and drink driving solicitors can identify these errors and mount an effective defence.
Why Police Procedure Matters
Legislation and Home Office guidance set out exact requirements for drink and drug driving investigations. Officers must demonstrate that they are adhering to proper use of police powers, and that stops, testing, arrests, and sample collections were lawful. Any procedural failure can undermine the prosecution’s evidence and may result in charges being reduced or dismissed.
Common Errors in Drink Driving Cases
Breath testing equipment must be approved, properly maintained, and used according to regulations. Officers must ensure sufficient breath samples are provided and observe the driver for the required period before testing.
Failure in these procedures can compromise the accuracy of results. Procedural failures in drink driving investigations are routinely challenged by experienced drink driving solicitors, particularly when breath test evidence is central to the case.
Common Errors in Drug Driving Cases
From the experience of drug driving solicitors, these investigations are often more complex and prone to procedural errors:
Lack of Reasonable Suspicion
Police must have reasonable grounds to suspect drug driving before requesting a roadside test. Observations must be specific and supported by clear evidence, otherwise the initial test may be unlawful.
Roadside and Evidential Testing Errors
Roadside drug screening devices and laboratory samples must be approved, correctly administered, and properly handled. Any deviation in procedure, from sample collection to lab processing, can weaken the prosecution’s evidence.
Disclosure and Evidence Handling
All relevant material, including body-worn camera footage, custody records, and testing logs, must be disclosed. Failures in disclosure or record-keeping can be critical. Skilled drug driving solicitors scrutinise these processes to identify weaknesses in the case.
Early Legal Advice is Crucial
Convictions carry serious consequences, including driving disqualifications, fines, or imprisonment. Engaging specialist solicitors early ensures procedural errors are identified and challenged effectively, protecting your licence, livelihood, and future.
Final Thoughts
Police procedure errors occur more often than many drivers realise. A robust defence relies on detailed legal knowledge and careful review of the investigation process. Expert solicitors play a vital role in identifying these mistakes and safeguarding your rights.
