failed to provide a speciment... maybe

Convicted Driver Insurance

forzatoroale

New Member
Hi good morning, I'll try to keep the story as short as I can.
I lost my job the 4th of this months and was told had to leave the staff accomodation within 24h but I managed to get more time as proper notice is required but I have to find something else soon. This caused me a lot of distress and my mental health is not quite right at the moment.
The 11th after few g&t I realized that I had to get local shop to get some dinner and decided to do so by car. As I took the road on other line (my bad, sometime happens as I'm still used to drive as europeans do) but after few meters I realized it and went on right side of road. The car behind me started chasing me and once I stopped this guy took my keys away. I started pushing him as I wanted my keys back but police was called because of assoult. Done side road breath test and been arrested. At police station while they were preparing the breath test I asked to have a translator as I couldnt understand what they were saying to me as I'm Italian and my spoken English is not that good. They skipped my request. I told them I have G6PD deficiency https://en.wikipedia.org/wiki/Glucose-6-phosphate_dehydrogenase_deficiency#cite_ref-11 and had strong symptons going on but they didnt listen. Had problems to breath so failed to do the second test. Then got in cell. Started to complain and asked to see a doctor. They came with a nurse that didnt had clue about my disease as she didnt even touch me and she said I was ok. A doctor aware of the problem would have checked my eyes and have done a blood test but she didnt. At ER I would be treated with red code. Everything is on CCTV. I started troubling them ringing the interphone to get their attention. My urine was red. They thought I was trying to find excuses but I didnt. I wasnt well and they could have checked my blood instead as I needed to get it counted (checked). Finally they released me after 16 hours with a fail to provide a speciment.
Do I have ground to argue in Court?
Thanks
 
Last edited:
Good morning.

That is a very big question.

A defence can be raised if you have a physical or mental inability to provide a specimen. It sounds like this may apply to you but the only way to be sure is for a solicitor to instruct a medical expert on your behalf. To do this however you would normally have to pay privately (or try to hire a legal aid lawyer). If you can prove to the Court that you could not provide then you may be successful.

Kind regards
Martin.
 
Hi Martin, thanks so much for replying.

In the last 6 months I had two access (february and june) at the hospital for minor injuries where I declared I had G6PD. The second time the doctor had to check online which painkillers could I take without risking. If I get hold of medical record would it be enough to prove it to the Court? What about if I get blood test at hospital?
As I told them many time I had strong symptoms of the desease and that I was short of breath, shouldnt they have taken the matter more seriously, maybe checking online and/or seeking advice with the hospital instead of calling a "nurse" that didnt even visit me?

Code C of practice says:

9.5The custody officer must make sure a detainee receives appropriate clinical attention as soon as reasonably practicable if the person: (d)appears to need clinical attention.


Furthermore, would it be playing in my favour that I been asking for an interpreter when they were warning me just before the breathalyzer procedure at police station (if supported by CCTV or detention record)?

Code C of practice says:

3.1When a person is brought to a police station under arrest, the custody officer must make sure the person is told clearly about:
(a)the following continuing rights, which may be exercised at any stage during the period in custody:
(iv) if applicable, their right to interpretation and translation (see paragraph 3.12)

3.12If the detainee appears to be someone who does not speak or understand English or who has a hearing or speech impediment, the custody officer must ensure:
(a)that without delay, arrangements (see paragraph 13.1ZA) are made for the detainee to have the assistance of an interpreter in the action under paragraphs 3.1 to 3.5.


Thanks.
 
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