R v Mrs R – Liverpool Magistrates’ Court
Client had been involved in an RTA and taken to hospital where a blood sample was taken. The blood analysis result confirmed an alcohol reading of 134. Client advised that whilst in the hospital she confirmed to the nurse that a sample of blood could not be taken from her left arm as a result of treatment she had undergone for cancer.
As such she has not provided her consent. The sample was taken. Client pleaded not guilty to the matter on the basis that the sample of blood had been unlawfully taken. Medical evidence was obtained confirming what she had informed the nurse. The case was discontinued against the client prior to trial.