Charged with failing to provide a specimen

Convicted Driver Insurance

flukey365

Member
Hi there, I have today received a charge for failing to provide a specimen of blood for a lab test.

I will try to be brief, I had a RTA on 29 September. No other vehicle involved and no damage to property. I was injured but I was able to walk, aided by the Police. The Police breathalysed me at the scene but I was unable to blow hard enough into it due to stated medical, documented on my medical records, reasons. This included a serious Heart Condition. I was then arrested. The Police escorted me to an Ambulance, and accompanied me. I was rushed to a Hospital. It was treated as an emergency admission and I was immediately placed on a heart monitor, I was given urgent medication, Digoxin, via a canula that the hospital staff had placed into my arm, I was given two scans and two ECGs. I was further sedated with Librium. My heart rate peaked at 135 ( the monitor was flashing red and was sounding an audible alarm) I genuinely thought that I might die! I was in and out of consciousness and I suffered horrible hallucinations and desperate anxiety. I most certainly was not of Sound Mind. I was also, most certainly, not in a fit state to either consent or refuse a blood sample. A Nurse told me later "We were worried about you earlier, your heart was racing and you did not even know your DOB; It is good to see you well".

I have a faint recollection of refusing blood to be taken because of the large amount of vital, emergency medication in my bloodstream. I was fearful of upsetting the balance, in fact I was terrified I am also on blood thinning medication. I carry a card stating as such in my wallet, the Police, incidentally, had confiscated my wallet and had full access to this card! Taking unnecessary invasive blood samples was obviously a risk. I repeat, I had freely offered to supply a urine sample! I have patchy recollections of one of the PCs saying that "You will do as I say, I want a Blood Sample.

The twist to the tail on this story is that, when I was actually discharged from the Hospital, two days later, the hospital records state that my blood, taken upon admission was normal, I had not been drinking any alcohol whatsoever. I had not been drinking and driving! I was fully aware of this therefore I had nothing to gain by refusing to give blood other than a genuine fear of my well-being in danger.

Now eight weeks later and, out of the blue the police have issued a charge of refusing a sample. I am completely shattered.

Any advice/ suggestions would be gratefully received
 
I would like to add that there is quite a lot of other facts regarding this case. I will be pleased to explain more if anybody is kind enough to enquire. I just did not wish to "Over egg the pudding" so to speak. Many thanks and regards.. flukey365
 
I would like to add that there is quite a lot of other facts regarding this case. I will be pleased to explain more if anybody is kind enough to enquire. I just did not wish to "Over egg the pudding" so to speak. Many thanks and regards.. flukey365

The procedure for requiring a specimen at the hospital is a more complex one that at a police station. Given you had suffered injuries, had pre-existing medical conditions and were likely to have been on medication, the police would have to consider this when deciding if you had relevant capacity to comprehend what was happening at the time of the procedure. If you did not have full capacity then the procedure will be invalidated.

There does not need to be proof of alcohol consumption to require a specimen and the fact that you were not drink driving is not a defence to failing to provide where there is a reasonable requirement for blood made. However, the sequence of events leading up to the obtaining of a requesting the specimen needs to follow a strict procedure. I agree that you would benefit from a more detailed conversation with a specialist to discuss options in more detail. You can contact a specialist on 0333 009 3821.
 
The procedure for requiring a specimen at the hospital is a more complex one that at a police station. Given you had suffered injuries, had pre-existing medical conditions and were likely to have been on medication, the police would have to consider this when deciding if you had relevant capacity to comprehend what was happening at the time of the procedure. If you did not have full capacity then the procedure will be invalidated.

There does not need to be proof of alcohol consumption to require a specimen and the fact that you were not drink driving is not a defence to failing to provide where there is a reasonable requirement for blood made. However, the sequence of events leading up to the obtaining of a requesting the specimen needs to follow a strict procedure. I agree that you would benefit from a more detailed conversation with a specialist to discuss options in more detail. You can contact a specialist on 0333 009 3821.




Hi Sean, I rang the contact number but as there are quite a few issues involved I feel that I failed to explain matters fully. I do not expect free advice and I would willingly pay for any help. One of the matters that concerns me is my arrest. The police arrested me after a failed attempt with the roadside breathalyser, I did not refuse to take it but due to breathlessness caused by injury to my thorax, my heart condition plus asthma I was unable to blow hard enough. The police accompanied me in an ambulance to the hospital which was in another town 20+ miles away. The charge sheet has no mention of the breathalyser whatsoever it also does not mention the arrest, the RTA of the location of where the accident happened. It exclusively refers to not providing a specimen at the hospital. As far as I remember, I was not formally cautioned at the hospital that failure to supply blood was a criminal offence. Another curious fact is that I was not Un-arrested, if that is the correct word, in fact I was not informed that I was no longer under arrest until Six Days later and only when I had myself enquired. The two PCs simply left without a bye or leave, I thought that they had gone to bring equipment for a urine sample which I had freely offered to supply

Would any of the above possibly be an infringement of my civil liberty and/or unlawful?

Many thanks again and kind regards. flukey365
 
Actually the charge sheet does not even mention the hospital. It states the town and county of where the hospital is situated, not where the RTA occurred. The entire wording on the charge sheet is as follows: -- On date at name of town and county when suspected of having driven a vehicle and having required to provide a specimen of blood for a laboratory test pursuant to section 7 of the road traffic act 1988 in the course of an investigation into whether you had committed an offence under section 3A, 4 ,5 or 5A thereof, failed without reasonable excuse to do so. Contrary to section 7 (6) of the road traffic offenders act 1988. Many thanks. flukey365
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top