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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71147
Experience:  Over 5 years in practice
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I crashed my vehicle, coming round a corner and slide of the

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I crashed my vehicle, coming round a corner and slide of the road no other cars or people were injured only me driving, I got arrested for dui, had breathalyser 77, can’t rememeber doing it the second time then went to hospital as I had a bad headache, after waiting 6 hours they wanted to take blood, I’ve never had blood taken as I have a phobia of needles, so I refused then I got put into a cell and I didn’t get asked to give a wee sample or do another breathe test, I’ve got court on Tuesday so wondering if I have a chance of not getting a ban, what will happen, as my job relies on me driving

Are you charged with drink driving or failing to provide?

Customer: replied 4 months ago.
Failing to provide

the short answer is that you can only escape a ban if you are found not guilty.

it is a defence to say that you have a phobia of needles. It is a high test though but it can fall within medical reasons for refusal.

it is a really high standard though. You have to show that you actually do have a phobia and that it was operating upon you at the time. It is not as simple as disliking needles.

Can I clarify anything for you?

Customer: replied 4 months ago.
How can I prove I have a phobia of needles, thanks

It depends on whether the magistrates believe you.

Obviously nobody can help with that.

If you have a recorded history in your medical records that will help.

Customer: replied 4 months ago.
What will the consequence beFailing to provide a blood sample but never got asked for a Urine sample,

That will lead to a fine and a ban usually for between 12 -16 months.

The length of the ban does depend on the aggravation but the point is that there will be a ban.

Customer: replied 4 months ago.
How come I never had a urine sample instead of the blood?What sort of medical history could I possible use?Thank you

Probably because they don't need to offer one.

When you refused they had enough to convict.

If you have a history of phobia it should be in your medical records.

I'm happy to continue with this but please rate my answer.

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