RobinXe wrote:
My meaning was nothing whatsoever to do with medical ability.
Sorry, I misunderstood your meaning.
RobinXe wrote:
If someone were of a less than honest bent, and was stopped when they considered themselves to possibly be over the limit, they might well be minded to put less effort than required into the breath tests, and cite genuine inability to blow any harder as the reason, in order to prevent an evidential breath test being obtained whilst they were under the influence.
If this person was then to be charged with failure to provide, they might be inclined to seek a doctor's help in getting them off the hook. They would be unlikely, in this situation, to put any more effort into blowing for the doctor's tests than they did for the police's, since getting cleared by the doc would harm their defence rather than make it.
I agree with all that.
A bench would not accept a defendants word for it in court but would require the doctor to state that the level was below normal AND that the condition probably existed at the time of the breath test. That gives the doctor a way out if he feels that the OP did not perform to the best of his ability.
RobinXe wrote:
I believe that, if you were to talk to the police, you would find plenty of cases where someone has tried to bugger them about, whinging that they just cannot find the puff to satisfy the machine, in an effort to get off. I would warrant that the proportion who try this is far higher than the proportion of the population genuinely unable to undertake the test due to medical reasons.
Such things are sorted out in court at trial and you are right, the proportion of cheats is way above the genuine. In spite of the driver only needing to introduce a reasonable doubt.
RobinXe wrote:
I do feel that, while the intoximeter is quicker and cheaper than other forms of measurement, all cases where someone professes to be unable to blow satisfactorily should be backed up with a prompt blood/urine test in the interests of justice.
I have already posted that view myself.
RobinXe wrote:
The spirometry test you cite, fisherman, is the peak flow test, which does exactly what it says on the tin. A low peak flow does not necessarily preclude one from successfully completing an evidential breath test.
Most doctors measure Forced Expiratory Volume (FEV) when they are asked to assess ability to provide a specimen of breath. But I have seen vital capacity, PEV, FEV1 and all sorts of figures quoted in these cases.
RobinXe wrote:
Out of interest, are you a stipe or lay mag?
Technically I am neither because the terms you use are no longer in current use.
"Stipe" has been replaced with District Judge (Magistrates Courts).
The word "lay" has been dropped by order of the Lord Chancellor as he considers the regular training and repeated appraisals we all have to undergo are producing a professional level of performance.
I am a Magistrate.