Where a blood or urine sample has been required by the police but has not been provided, the police will often charge for an offence of failure to provide a sample without reasonable excuse.
This could lead to a situation where a person and charged is arrested on the basis that the police may have wrongly suspected they were driving under the influence of drugs without any basis for doing so.
A reasonable excuse based on a physical or mental incapacity such as a fear of needles or panic attack may be argued but should always be supported by medical evidence by way of an expert report from a qualified psychiatrist who would require access to previous medical records.
Where such injustices arise, every aspect of the procedure adopted by the police must be looked at closely to investigate every possible line of defence.
Kenway Miller Solicitors have a wealth of experience in dealing with these types of cases. To ensure that you have every possible chance of successfully avoiding conviction, obtain the advice and guidance of our experts without delay.