A Cambridgeshire driver refused to comply with an evidential drug test on the basis that he was fasting for Ramadan.
Halil Akyuz, 25, of Freeway, Chatteris, admitted an offence of failing to provide a specimen for analysis when he appeared at King's Lynn Magistrates' Court on Thursday, 7th December 2023.
This is an offence under section 7(6) of the Road Traffic Act 1988. The maximum penalty on summary conviction is 26 weeks' custody and/or an unlimited fine.
Magistrates heard that Akyuz came to the attention of officers as he was driving around King's Lynn on the afternoon of Wednesday, 1st November 2023.
Lesla Small, prosecuting, said that officers noticed the distinctive aroma of cannabis emanating from Akyuz's vehicle.
When asked if he had recently used the class B drug, the 25-year-old replied that he had. Officers took a drug swipe, which gave a positive indication for cannabis.
Akyuz was arrested and taken to King's Lynn Police Investigation Centre where he refused to provide a specimen for analysis on the basis that he was fasting for Ramadan.
Officers pointed out that Ramadan, which ran from 22nd March to 20th April 2023, was actually finished by the date of the offence (1st November 2023).
Tiffany Meredith, mitigating, told the court that her client had missed a couple of days of fasting, so was trying to make the time up.
Ms Meredith explained that this was common practice for Muslims and taking a blood test "would breach fasting".
However, by admitting the offence Akyuz has accepted that failing to provide a sample in these circumstances does not amount to a reasonable excuse.
Akyuz was fined £120 and ordered to pay £105 towards prosecution costs and £48 surcharge.
He was also disqualified from driving for a period of 12 months.
No comments:
Post a Comment