Drivers request genuine

Press, Volume CXVI, Issue 34097, 8 March 1976, Page 19

Drivers request genuine

1 A driver who refused three ! times to give a blood sample /because he was waiting foi advice from a solicitor was discharged without conviction in the Magistrate's Court yesterday, on a charge of refusing to give such a sample. j The defendant had pleaded not guilty. Mr E S. J. Crutch lex, S.M., said that he made his decision after examining a previous ease dealt with by Mr Justice Speight. In this case, his Honour had said i that the genuineness of a request for legal advice by a driver should be weighed by the Cou rt. In yesterday’s case, the defendant had been given breath j j tests after allegedly driving] ) through a red traffic light, the 'Magistrate said. At the police station, the defendant bad tele-; phoned his brother to get him to call a solicitor for advice.' [However, after the call he three! ! rimes refused to give a blood sample, and signed a form to this effect. It was about five minutes before his brother telephoned l back advising him that the i solicitor recommended he give! a blood specimen. After this] advice, he had apparently been quite prepared to give a sample: but by this time the doctor had | left the police station. the: Magistrate said. The traffic officer had pressed the defendent for a sample after 1 the first telephone call because of the doctor’s impending departure. The Magistrate said that he, was satisfied that it was not a case of the defendant “trying’ it on.” The solicitor had given ; ; evidence of giving the advice' to defendant’s brother. i In an unreported case. Mr Jus I tice Speight had said that where ■ there was a bona fide request for legal advice in such a situation the genuineness of the I request should be weighed by the Court. The Magistrate said that he • would do as his Honour had idone and dismiss the case under section 42 of the Criminal Jus-’ i tice Act. • The Magistrate thanked the Ministry of Transport for i supplying a copy of Mr Justice