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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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I was pulled over and blew 46 on the breath test. At the police

Resolved Question:

I was pulled over and blew 46 on the breath test. At the police station i blew 48 so went for a blood sample. They tried to take blood 4 times and failed. i was then offered a urine test but i was unable to go within the hour. When i first arrived at the police station i asked to go to the toilet which they let me and also had a glass of water. I have been charged with failing to provide?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is your question about this please?
Customer: replied 2 years ago.

Hi

Sorry my question is

Can they charge me for failing to provide a sample as i did the breath test at the police station and the nurse failed to take any blood?

Expert:  Jo C. replied 2 years ago.
Yes.
The obligation is upon you to provide at the police station in any way that they demand. The roadside test is not sufficient.
Either way, you were asked to provide urine and you did not. They are not under an obligation to offer a blood test.
The fact that the nurse could not take blood is not your fault and that will not be the basis of the charge but nevertheless you were asked to provide urine and you did not.
It is a defence to say that you could not medically provide but whether or not that would be accepted is another matter. Quite frankly, I have never seen a court yet accept that it is impossible medically to provide the small amount of urine needed.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi

Thanks for your honest response! I tried but was unable. As i said i did go the toilet when i was first taken into the police station and had a glass of water. When i told one of the police officers thats why i couldn't go he said i shouldn't have been allowed and went of to have a word with the custody sergeant. How can they expect me to go when clearly i had been less than hour and half before?

Expert:  Jo C. replied 2 years ago.
I am sorry to have to tell you this but the chances that will be accepted are minimal.
An hour and a half is actually a fairly long period of time. If it had been literally 30 seconds ago then there might have been an argument. An hour and a half is more than long enough.
You have to bear in mind that they only need a minute amount. They are not expected a large specimen. It is pretty rare that a person cannot produce enough urine to comply.
Customer: replied 2 years ago.

Hi

They told me i had to produce 1 sample then throw it away then another sample for them to test? Is it still the case?

Expert:  Jo C. replied 2 years ago.
Yes but only a very small amount.
They give you much larger containers than are required.
Customer: replied 2 years ago.

They never that, just that i needed to produce 2 samples

Expert:  Jo C. replied 2 years ago.
Well, you do?
Usually you are asked to urinate a small amount and dispose of it.
The instructions are usually simple enough to follow.