I was disappointed to speak to a client who informed me that he failed to provide a specimen and it was clear from his instructions that it may have been because of an error with the mouthpiece. For those that did not read the article in The Times last year, our solicitors discovered that a mouthpiece which is used on over half of the breath test procedure machines in the UK was being incorrectly used. More specifically it is a one way valve which was being incorrectly inserted upon the machine, preventing the person undertaking the test from being able to provide a sample.
In a test case last year, using DNA technology, driving defences were able to show that the mouth piece had been incorrectly inserted and the client who was facing a two year driving ban ended up having the case withdrawn by the Crown Prosecution Service. We launched a campaign and wrote to the manufacturers of the machine but even now the mouthpiece is still in use. We would advise anyone who has failed to provide a specimen to contact us as we may be able to
help. As for having the mouthpiece withdrawn, the fight goes on.
MJH
http://www.telegraph.co.uk/news/uknews/5901258/Motorist-cleared-due-to-faulty-police-use-of-breathalyser.html