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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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when breath tested the machine displayed interfering substance

Customer Question

when breath tested the machine displayed interfering substance twice do i have to give a blood test
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

i was breath tested at the road side which i failed when tested at the station the machine said 0 interfering substance which i couldnt have taken as i know there is no way to fool the test on seeing this the officer said he had not seen this before and i must take a blood test i refused as i have an aversion to needles being disabled and spent in hospital foe a spinal injury because of this i was given a 2 year ban is this fair as i provided 3 samples

Expert:  Jo C. replied 3 years ago.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

Im afraid they are entitled to demand a blood test in these circumstances. Failing to do so would be failing to provide a specimen for analysis.

There are certain defences to failing to provide but basically they amount to being unable to provide for a sound medical reason. Something like being unconscious would be a good example of not being able to provide a breath specimen. Unfortunately having an aversion is not sufficient. There are been some caselaw that has suggested that genuine diagnosed phobias might be sufficient but having an aversion is not a phobia Im afraid.

A two year ban is within the ban of reasonable responses probably because they are saying it fell into category two of the sentencing bracket for some reason to do with the offence.

Providing a breath test is no defence.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 3 years ago.

but i did provide a specimen it is not my fault the machine could not read it properly interfering substance?

Expert:  Jo C. replied 3 years ago.
As I've said, thats no defence.

They can demand either a blood, urine or breath and the choice is for them not for you.
Customer: replied 3 years ago.

as i said i did give them a breath test at the station machine twice why then do i have to take more tests till they find one that works

Expert:  Jo C. replied 3 years ago.

I cannot really comment on the merits of the law.

The position is that if they require a blood test then you have to provide it unfortunately. You did not and had no medical reason.

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