Failure To Provide A Specimen Or Analysis
A person is guilty of this offence if he fails without reasonable excuse to provide a specimen of blood, urine or breath for analysis. A refusal to provide the specimens required under s. 7 (1) will amount to the offence. The offence is not strict liability and there is a defence of reasonable excuse.
It is a defence to show that there was a reasonable excuse for failing or refusing to provide a specimen. Once this defence has been raised it is for the prosecution to prove beyond reasonable doubt that the defendant had no reasonable excuse. If the prosecution cannot prove this beyond reasonable doubt the defendant must be acquitted.
The following have been considered to be reasonable excuses:
- Fear of contracting AIDS from the Intoximeter’s mouthpiece
- Where a doctor tried on three separate occasions to take blood and was unable to do so.
The following has been held not to be a reasonable excuse:
- Delaying giving a specimen until received advice from a solicitor
- A reasonable excuse will usually relate to a medical or mental condition.
