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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43962
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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When police take blood sample does the person being tested

Customer Question

When police take blood sample for testing does the person being tested have to sign something acknowledging that it is their blood sample
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

No there is nothing that is signed.

But the police should mark the sample as yours

Was this for a drink driving matter?

Customer: replied 1 year ago.
It was due to running someone over resulting in there death. Tested for drugs n failed. Only charged with driving under the influence drug no other charges laid. Police said after reviewing all the case this will be the only charge I facing.
Expert:  Leon replied 1 year ago.

Good Afternoon

I am sorry to hear about this.

Where was the blood test taken?

They should have given you details of the test and that it was taken.

Customer: replied 1 year ago.
Taken at hospital and I have a sample as well
Expert:  Leon replied 1 year ago.

Good Afternoon

The hospital has the records and they follow the appropriate process.

You should be given a copy of the results with the charges.

If you are not happy and you are questioning them you have a right through the court to issue a subpoena of the records.

Customer: replied 1 year ago.
I have a copy of results with the charges. I not questioning result so I just plead guilty and get things over and done with then do u think
Expert:  Leon replied 1 year ago.

Good Afternoon

Do you have a solicitor?

You should not do this yourself. If this is a first of this type of offence the Solicitor can get the court to be lenient by providing additional information.

Customer: replied 1 year ago.
Ok I tested positive five years ago on a random test was fined 200 dollars for that
Expert:  Leon replied 1 year ago.

Good Afternoon

In a driving matter I assume.

Well this will then be treated as a second offence because the other was 5 years ago.

So the penalty will be harsher.

Here is a link that can show you the penalties based on the actual charge

http://www.police.wa.gov.au/Traffic/Drugdriving/tabid/1342/Default.aspx

Because you hit someone and I assume the facts will say that, it is a serious offence.