Failure to provide blood/urine

[Boomerang43]

Hi. Partner is in court tomorrow for failing to provide blood at hospital.
Detail
Adverse camber on roundabout overturned overweight concrete lorry around 9.30am after drinking the night before (world cup)
No other parties/speed involved
He was badly knocked about and extracted via the windscreen
Blew 42 whilst in the back of the ambulance
Was taken to hospital for treatment and given pain relief (morphine)
Came round to a gentleman in a suit asking 'to take a blood sample, you don't have to its up to you.'. The gentleman did not say who he was or why and any ramifications. He, confused and still shaken, refused. The man left without saying anything.

Later gets letter ref failing to provide and a court date.

Just wondered whether there is ANY way he can avoid a ban? Or how it can be kept as short as possible? Late notice I know but I'm not holding much store by his solicitor who I believe lacks experience in this area and he has decided to represent himself


He has had a ban previously which I think was possibly longer than 10yrs ago but not 100% sure

Thanks in advance

 

[SeanJoyceStephensons]

A hospital procedure following injury and the administration of medication means that your capacity and ability to comprehend any requests made of you should have been at the forefront of the mind of the police officers who required that specimen from you. In the event that you did not have the capacity to comprehend the request or the full background to the request and everything associated with it, it could be argued that the request was unlawful. This would, however, require further investigation in relation to the procedure at the hospital and any medical notes relating to injuries and medication. In the event that a not guilty plea was entered, a full investigation would need to be carried out before considering the merits of any defence outlined above.

 

[Boomerang43]

Thank you for the response. The verdict was guilty despite the circumstances. The magistrates decision based on he should have at the end of the day ascertained that the person who was stood at the end of the bed when he woke up disorientated and in pain, was a police officer by virtue of 'the lanyard round his neck' not by said individual making himself known to be a police officer either verbally or being dressed as one in easily identifiable high Viz/vest saying POLICE on it thus differentiating himself from any other shirt, trouser and lanyard wearing male in the vicinity. He intends to appeal so I shall try to retain optimism that he will be able to get another job and I won't have to be sole earner and taxi for the next 3 yrs. Pity party over.. ha. Thanks again.