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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice
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What defences are there for sec7 road traffic act, I asked

Resolved Question:

What defences are there for sec7 road traffic act, I asked to give a blood sample and was charged with failing to provide breath sample.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

-Could you explain your situation a little more?

Customer: replied 3 years ago.
I was stopped at roadside and gave an amber reading on a breathalyser, I was taken to police station where I asked for a blood test as I am on medication and I was worried about the effects, I was then told I was being charged with failing to provide a specimin
Expert:  Jo C. replied 3 years ago.
Did you refuse or fail to provide?
Customer: replied 3 years ago.
Refused breath, offered blood
Expert:  Jo C. replied 3 years ago.
Why did you refuse breath?
Customer: replied 3 years ago.
I refused breath because I was worried about drug interaction and felt blood would be more accurate
Expert:  Jo C. replied 3 years ago.
Thanks.

That is not a defence I'm afraid.

There are large number of defences to S7 but basically the two most commonly used are medical reasons or just putting them to prove on the procedure followed.

You are not describing medical reasons I'm afraid. A good medical reason would be something like fainting and so being unable to provide. It is fair to say that this is a very diffcult defence to raise. Unless you are actually unconscious, you need to show a very high level of medical grounds for a refusal to provide.

You can always put them to prove on the procedures that they followed. It is a defence that is very strictly governed by procedure. If they fail to explain clearly at any stage then you would have a defence to the substantive charge. Usually the custody suite is on CCTV footage though so the procedure they followed can be proven.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
I see that, I felt that they should of explained that blood was not an option, they didnt until after I was charged and then I was told that it was not my choice to ask for a blood or a urine test, I was not refusing a sample per say just not breath as I was worried about the in accuracy. Should they of explained that I didn't have a choice prior to charges ?
Expert:  Jo C. replied 3 years ago.
Yes, I know they do not do that. The legislation does not require them to though I'm afraid.

There is no specific requirement to explain that you do not have the choices of urine or blood Im afraid.
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