Mistake In Procedure With Blood Sample

Press, Volume CIX, Issue 32120, 16 October 1969, Page 6

Mistake In Procedure With Blood Sample

Because a blood test was not taken according to the act a charge against Vernon George Eldridge Philpott, aged 52, a storeman-driver, of driving in Linwood Avenue when the concentration of alcohol in his blood exceeded 100 milligrames per 100 millilitres, was dismissed by Mr P. L. Molineaux, S.M., in the Magistrate’s Court yesterday. Philpott, who was represented by Mr D. H. P. Dawson, pleaded not guilty. He also pleaded not guilty to a charge of careless driving, but was convicted and fined $2O. His driver’s licence was cancelled for three months from October 28. He was ordered to pay witnesses’ expenses of $3.25. On a charge of failing to stop after an accident, to which Philpott pleaded guilty, he was fined $25.

The Magistrate, when giving his decision on the charge of driving with excess alcohol in his blood, said that Philpott was driving a car which was involved in a collision with a tow truck at the corner of Linwood Avenue and Jollie Street late on the evening of August 30. Philpott returned two positive breath tests and at 12.55 a.m., gave a sample of blood. The section of the act dealing with the taking of blood laid down a specific procedure. Every specimen of blood had to be divided into two parts immediately after it was taken. If there was insufficient blood for it to be divided into two parts then a second sample had to be taken.

After the blood specimen was taken from Philpott it was not divided into two parts. He was recalled to the police station and a second sample was taken. This was not in accordance with the procedure laid down by the act. The second specimen was not immediately divided into two parts and it was possible i that Philpott could have con-' sumed more alcohol when he got home. There was also some uncertainty as there were different findings between the first and second samples. The information

would be dismissed, the Magistrate said.

Dealing with the charges of careless driving the Magistrate said that Philpott had admitted cutting the corner. Neither he nor his passenger in the front seat had seen the large yellow tow truck either before or after the accident. “To me this seems incredible,” the Magistrate said. “It is difficult for the Court to dissociate Philpott’s driving from the consumption of alcohol.”