If you fail to provide a specimen for analysis without a reasonable excuse, then you are breaking the law and will face a hearing in court.
Stephen Halloran, a Director and Solicitor-Advocate at Lawtons Solicitors, successfully concluded a drug driving case before a trial in which the defence was based on needle phobia.
Our client faced a trial as a result of what the police termed ‘a refusal to provide a specimen of blood’. As a result of the considered analysis of the prosecution case and the correct tactical approach being agreed upon, Stephen was able to instruct a psychologist to assess whether our client was needle phobic and, if he was, whether this would have prevented him from providing the specimen usually required. The client was assessed as being needle phobic.
The police evidence was incomplete in a number of respects and after specific requests, detailed transcripts were prepared of the procedure conducted at the police station. It was established by Stephen that this process was flawed.
A successful conclusion
The combination of this preparatory work resulted in a decision being made to highlight the tactical and evidential flaws in the case to the Crown Prosecution Service and seek a review of the upcoming trial. They agreed with the detailed submissions made and formally discontinued the charge against our client.
The feedback from the client’s mother exemplified the approach of Mr Halloran and this firm to defending criminal charges:
“Stephen, this is characteristically fantastic work from you and the most wonderful news!! Thank you very much for your commitment, diligence and support in securing this.
Accused of possessing or supplying drugs?
Of course each case is fact and law specific, but it is the ability of our specialist criminal solicitors to recognise these points and put in place the correct strategic approach from the outset that sets us apart from other criminal defence firms.
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