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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71057
Experience:  Over 5 years in practice
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I went through a red light and was pulled over . I was asked

Customer Question

I went through a red light and was pulled over . I was asked to take a breath test ,which i agreed to. I was then told the breath kit they had was out of date. we waited well over half an hour, in which the officer in charge was becoming agitated by the time it was taking another police car to arrive with another breathkit.Being on medication for anxiety and depression i paniced when asked to take the test at the station thinking about the out of date one at the roadsideand foolishly refused to blow into the machine,but asked him to take as much blood and urine as he wanted to
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

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

How can I help with this please?
Customer: replied 3 years ago.

Have i technically refused to provide a specimen after volenteering blood and urine

Expert:  Jo C. replied 3 years ago.

I am sorry but I cannot give you good news.

An offer to supply blood or urine is not a specimen of breath. They are entitled to demand a specimen of breath. You did not provide one. Therefore, you have refused.

The fact that you have offered alternatives is really just an attempt to negotiate over which specimen they take and you do not have a right to do that I'm afraid.

For that reason, you have refused.

I'm very sorry.

Can I clarify anything for you?