A general practitioner has denied failing to provide a specimen of blood for analysis, after he was arrested on suspicion of drink driving.
This is an offence under section 7(6) of the Road Traffic Act 1988, the maximum penalty for which is a level 4 fine and/or 3 month's imprisonment.
Dr Michael Brendan Farrell, 45, of Fishbourne Grove, Ingleby Barwick was pulled over by police in the early hours of 6th January 2019. The officer had reason to suspect Dr Farrell of being under the influence of alcohol and required him to undertake a roadside breath test.
The result of that test indicated that Dr Farrell had 127 microgrammes of alcohol in 100 millitres of breath, although it should be stressed that this roadside reading cannot be used as the basis of charge.
Dr Farrell was arrested and taken to the local police station where it would appear, for whatever reason, that an evidential breathalyser machine was unavailable. That being the case he was required to provide a specimen of blood for analysis, which the prosecution claim he failed to do without reasonable cause.
The case first appeared before Teesside Magistrates' Court yesterday, where Dr Farrell pleaded not guilty to the offence.
The court was shown body worn camera footage of Dr Farrell in custody. A police officer tells him that he is "drunk" and "not thinking clearly" as he repeatedly refuses to consent to the blood sample.
He warns Dr Farrell: "You will lose your licence if you don't give a sample."
The doctor demands to have "legal represents in the room", but the officer tells him the process can not be delayed while a solicitor is called.
The clip shows the pair's 15-minute dialogue in a police station medical room, as a health care professional looks on.
"You're heavily intoxicated," said the officer. "We're going round in circles."
Hauled to the custody desk, Farrell then claims he has a "massive issue with needles".
He adds: "I'm not refusing to provide a sample, I'm refusing to provide a blood sample because it involves pain."
The exchange ends with the officer asking: "Are you willing now to provide a sample?"
Farrell replied: "Without legal representation, the answer is no."
The officer said: "You have had your chance I'm afraid," before saying to a colleague: "There's only so many chances you can give someone when they are drunk."
Michael Robinson, defending, indicated that the basis of his client's not guilty plea would be failures by the police. He also said that Dr Farrell's genuine fear of needles amounted to a reasonable excuse for refusing to provide a blood specimen.
Mr Robinson conceded that Dr Farrell's medical records make no specific mention of his fear of needles.
On his Linkedin profile Dr Farrell describes himself as "hardworking, honest, good humoured, supportive, innovative, physically fit". He mentions three previous deployments as an RAF medical officer to Iraq and Afghanistan.
District Judge Tim Capstick adjourned the matter for trial on Tuesday, 14th May 2019.
Update (2/6/19): Dr Farrell was convicted after trial.
1 comment:
Hmm. A doctor who has served in Afghanistan and Iraq, but is scared of needles. Is that possible?
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