trafficCop1691

Fail to provide after hospital procedure

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Looking for advice on the following. 

Driver is arrested for section 4 RTA and section 5a RTA after a caller from a Member of public. Manner of driving is seen by police and horrendous and driver is clearly unfit. 

Drivers Fails a drug wipe test cannabis and cocaine. Negative breath test. 

Driver is taken to custody and then passes out, ambulance is called. The blood procedure has been started and driver initially gives his consent before passing out. Ambo try to wake him up with narcan with no change to his condition. 

Driver goes to hospital , they find nothing wrong with him but he is still out of it (due to drugs he has taken)for several hours. 

hospital procedure is done and a doctor attends to take blood while drover is unconscious. 

When driver round it is explained to him and a requirement made for him to give consent for the blood to be sent off to the lab, which he refuses 

He is charged with Fail to provide because he refused to give consent for specimen to be sent for alalysis. 

CPS throw the case out after a not guilty plea On the basis that we can’t change from a custody procedure to a hospital procedure. CPS say the blood was obtained unlawfully so he can’t then be charged FTP Even though it was all covered by section 7/7a RTA

Thoughts? Ever had this scenario before? I appreciate that it’s quite unusual but I can’t think of anything else that could be done without losing evidence 

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I'm struggling to get my head around the CPS decision, which wouldn't be the first time. I'd have assumed that if you start the hospital procedure from scratch, then there could be no argument?

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Cannot understand why, but then I suspect that you would get several different decisions from several different CPSA's. I have had similar and it was just because the particular CPS did not want a fight in court. They may have had a drinks party lined up.

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