Case Study: Drug Driving Charge Dropped After Paralegal Uncovers Unlawful Blood Procedure

The Situation

Our client was arrested on suspicion of drug driving and taken to hospital for an evidential blood sample.

During the procedure, the healthcare professional initially attempted to draw blood from the client’s right arm. After encountering difficulty, a second needle was inserted into the client’s left arm and a further blood sample was taken.

Both the body-worn police footage and the healthcare professional’s witness statement confirmed that two separate blood specimens were obtained on two separate occasions.

At first glance this may seem minor,  but legally, it was critical.

The Legal Issue

Under the Road Traffic Act and Road Traffic Offenders Act, police are only permitted to obtain:

✅ One single specimen of blood
✅ Which must then be divided into two parts
• One for prosecution analysis
• One offered to the defendant

The law does not allow multiple blood samples to be taken through separate needle insertions. This safeguard exists to ensure fairness, transparency, and the integrity of forensic evidence. Where these procedures are not followed strictly, the evidence becomes legally unsafe.

Kai’s Role in the Defence

This case was handled by Kai, our Paralegal, who was responsible for reviewing the evidential procedure in detail. While blood results often become the focus in drug driving cases, Kai went further - carefully analysing:

• Body-worn police footage
• The healthcare professional’s witness statement
• The statutory framework governing evidential samples
• Relevant case law confirming multiple specimens invalidate evidence

Kai identified that the procedure breached strict legal requirements and prepared a detailed legal submission to the Crown Prosecution Service (CPS), setting out:

👉 Why the blood evidence was unlawfully obtained
👉 Why it must be ruled inadmissible
👉 Why the prosecution could not realistically proceed

The Outcome

Following Kai’s written representations to the CPS, the prosecution reviewed the case and accepted that the blood evidence could not be relied upon.

The drug driving charge was subsequently dropped.

Our client avoided:

✔️ A driving ban
✔️ A criminal conviction
✔️ Significant financial and insurance consequences

Why This Case Matters

This case is a perfect example of why specialist legal knowledge and attention to detail matters in motoring defence.

⚠️ Drug driving cases rely heavily on strict procedure
⚠️ Even small breaches can invalidate evidence
⚠️ Early legal scrutiny can stop a case before it reaches court

Many people assume blood results automatically mean conviction. This case proves that isn’t true.

The MAJ Law Difference

At M.A.J Law, every case is carefully examined - not just the allegation, but the process behind it.

From paralegals through to solicitors, our team looks for:

• Procedural errors
• Evidential weaknesses
• Unlawful investigations
• Opportunities to challenge flawed prosecutions

Often, it’s these technical points that change lives.