Coronavirus / drink driving
Discussion
It'll be interesting to see if there are any cases where someone's stopped for suspected drink driving but refuses a test because they either claim to have coronavirus themselves or claim to be in self-isolation and scared of catching it from the Plod.
Would / could either of these situations amount to a `reasonable excuse'?
Would / could either of these situations amount to a `reasonable excuse'?
No, if you were in self isolation you wouldn't be outside drink driving. Besides, each alcometer tube is individually wrapped in plastic and they're opened in front of the drink driver. Or they can have their blood/ urine tested instead. Cant see a court taking coronavirus as a reasonable excuse!
Wilkinsons 4-242
Upon being asked to provide a blood sample a defendant had replied: “In view of the danger of AIDS I would rather not give blood”. The Divisional Court in DPP v Fountain [1988] R.T.R. 385 held that the defendant’s belief was not capable of amounting to a reasonable excuse for not providing a specimen for analysis. A refusal accompanied with a reason was a refusal nonetheless, and whether a reasonable excuse for the refusal could be said to exist was a matter of law. A belief, whether mistaken or genuine, had never in law constituted a reasonable excuse. Where, however, medical evidence established the existence in the defendant’s mind of a genuine phobia (on the particular facts a long-standing obsession with his health and a genuine but unreasonable fear of contracting AIDS from the Intoximeter’s mouthpiece), that might amount to a reasonable excuse De Freitas v DPP [1992] Crim. L.R. 894.
In R. (on the application of Cuns) v Hammersmith Magistrates’ Court [2016] EWHC 748 (Admin), the administrative court ruled that merely asserting at the police station the presence of a needle phobia was not sufficient. There had to be some evidence before the magistrates’ court that then requires the Crown to disprove it. The Justices had therefore been correct in refusing to state a case as they had not made any error of law in their findings. In the trial the evidence of the doctor was not available, so the justices heard no medical evidence and the defendant declined to give evidence.
Upon being asked to provide a blood sample a defendant had replied: “In view of the danger of AIDS I would rather not give blood”. The Divisional Court in DPP v Fountain [1988] R.T.R. 385 held that the defendant’s belief was not capable of amounting to a reasonable excuse for not providing a specimen for analysis. A refusal accompanied with a reason was a refusal nonetheless, and whether a reasonable excuse for the refusal could be said to exist was a matter of law. A belief, whether mistaken or genuine, had never in law constituted a reasonable excuse. Where, however, medical evidence established the existence in the defendant’s mind of a genuine phobia (on the particular facts a long-standing obsession with his health and a genuine but unreasonable fear of contracting AIDS from the Intoximeter’s mouthpiece), that might amount to a reasonable excuse De Freitas v DPP [1992] Crim. L.R. 894.
In R. (on the application of Cuns) v Hammersmith Magistrates’ Court [2016] EWHC 748 (Admin), the administrative court ruled that merely asserting at the police station the presence of a needle phobia was not sufficient. There had to be some evidence before the magistrates’ court that then requires the Crown to disprove it. The Justices had therefore been correct in refusing to state a case as they had not made any error of law in their findings. In the trial the evidence of the doctor was not available, so the justices heard no medical evidence and the defendant declined to give evidence.
Pro Bono said:
It'll be interesting to see if there are any cases where someone's stopped for suspected drink driving but refuses a test because they either claim to have coronavirus themselves or claim to be in self-isolation and scared of catching it from the Plod.
Would / could either of these situations amount to a `reasonable excuse'?
The police are soon to have powers to arrest suspected coronavirus victims who are not self isolating... Seems like telling a police officer you won't comply (and thus leaving yourself open to arrest) because you are doing something else that leaves you open to arrest might not be the loophole that the drink drivers crave. Would / could either of these situations amount to a `reasonable excuse'?
ETA I am assuming that going out in the car doesn't count as self-isolation, especially if that journey started at the pub or ended at an off-licence.
My cousin got stopped.
The police asked for a sample of breath. He pulled out a card which said “the holder of this card is asthmatic, please to not cause him to breathe excessively hard”.
The police then asked for a blood sample. My cousin pulled out another card which said, “the holder of this card is anaemic, please do not take his blood”.
So the policeman asked for a urine sample. My cousin pulled out another card which said “the holder of this card is a Chelsea supporter, don’t take the piss”.
Add coronavirus to that list and I think you will be getting close...
The police asked for a sample of breath. He pulled out a card which said “the holder of this card is asthmatic, please to not cause him to breathe excessively hard”.
The police then asked for a blood sample. My cousin pulled out another card which said, “the holder of this card is anaemic, please do not take his blood”.
So the policeman asked for a urine sample. My cousin pulled out another card which said “the holder of this card is a Chelsea supporter, don’t take the piss”.
Add coronavirus to that list and I think you will be getting close...
donkmeister said:
The police are soon to have powers to arrest suspected coronavirus victims who are not self isolating...
Been on the Statute since 10th February.https://www.legislation.gov.uk/uksi/2020/129/regul...
No ideas for a name said:
donkmeister said:
The police are soon to have powers to arrest suspected coronavirus victims who are not self isolating...
Been on the Statute since 10th February.https://www.legislation.gov.uk/uksi/2020/129/regul...
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