A man suspected of drug driving by police in Penrith has told magistrates he refused to give a blood sample following his arrest because he was concerned about catching Covid-19.
Pam Ward, prosecuting, said that police pulled over the 45-year-old on April 2 after witnessing him travelling at 90mph on a dual carriageway where the speed limit is 60mph.
“The defendant was asked to take a drugs swipe test, which gave a positive indication for cocaine. [He] was therefore arrested and taken into custody at Carlisle,” she added.
Once at the station, the man refused to provide a blood specimen for analysis, leading to his appearance in court.
Mitigating, Duncan Campbell told the bench: “He takes issue with regard to his manner of driving and the reason for the police stopping him. He would say that he wasn’t driving at excessive speed.
“There was no particular reason he should have been stopped in the first place. He went through the whole alcohol procedure and there was a zero reading. In relation to the police investigation, the preliminary test indicated the presence of cocaine.”
Mr Campbell continued to say that his client had openly admitted to police that he had enjoyed a “social joint”, but “he wasn’t happy with the police officers’ attitude.
“It might have been a communication problem.
“He felt very much intimidated at the police station. He didn’t know what to do and requested to speak to his solicitor but the solicitor was in London and out partying and there was no reply, so he didn’t get legal advice.
“In relation to the provision of a blood sample, his fear was of contracting covid and being exposed to the virus by going through that procedure.”
The solicitor also said that he had advised his client that the risk of contracting Covid-19 was not considered a reasonable excuse for refusing to provide a sample.
After hearing a guilty plea to failing to provide a specimen on suspicion of drug driving, magistrates bound the man under one-year community order to undertake 60 hours of unpaid work as well as banning him from the roads for 17 months. He must also pay £85 costs and a £95 victim surcharge.
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Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.
Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.
With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.
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