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04 July 2006 120 involved in drink-drive error

 A number of motorists convicted of drink-driving by Sussex Police could have their record cleared.

It comes as attention was drawn to the fact that officers did not follow guidelines for taking blood samples.

Motorists who have drink-driving convictions can find that they are required to pay higher car insurance premiums as they have a blemish on their licence.

Up to 120 drivers may now be able to challenge their convictions due to what police are describing as a "legal loophole".

Under the Police Reform Act 2002, only doctors are allowed to take blood samples from suspected drink-driving offenders.

However in these instances, nurses were used to take the samples and that could lead to a number of quashed convictions.

"We are working closely with the CPS (Crown Prosecution Service) to consider how to take forward these pending cases," a Sussex Police spokesman told BBC News.

"We were following the spirit of the law. We hope that action will be taken in the near future to close this legal loophole.

"The practice of our own nurses attending hospital to take blood samples has been stopped," he added.

The convictions in question can be dated back to as far as 2003, while some forthcoming cases may also be affected.

track© Adfero Ltd

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