Failing to provide a specimen of breath, blood or urine

Psychiatric conditions include:

• Fear of medical needles

Fear of needles is not an unusual phobia and in the heightened state of being in a police station this can exacerbate the usual level of anxiety.

A motorist with a needle phobia can find their decision-making process become disrupted and be unable to weigh up the consequences of the choices they may make.

It has been noted that the phobic anxiety associated with the needle is usually caused by the very thought of it, let alone the needle piercing the skin.

The sufferer, in this case the motorist, is normally aware of how irrational the fear or phobia seems and will also find themselves feeling embarrassed about the way they are reacting. This is further heightened by the number of people around them, witnessing that the procedure is being carried out correctly.

In extreme cases it has been stated that some people with a needle phobia have such a physical reaction that their veins actually “shut down” or narrow and the attending physician is unable to take any blood sample at all.

Again, GP notes showing a history of needle phobia will be needed to put before both the court and any expert witness that has been instructed for the case.

It is of interest to note that many needle phobic often cancel medical appointments owing to their fear of needles even when such avoidance can have a detrimental effect on their health.

Psychiatric conditions include:

• Panic attack

Medical conditions include:

• Prostate disease
• Bladder infections
• Urethral disease
• Urinary retention
• Incontinence

It has been shown that whereas anxiety can generally increase the need to urinate, a panic attack can impeded if not stop the need and flow of urine.

As with all medial or psychological conditions that can form a “reasonable excuse” in such cases, GP notes are vital for both the court and any instructed expert witness.

For many motorists in failure to provide cases it will be their first contact with a psychiatrist. It is not the most pleasant of experiences but discussing potential psychological issues can be highly pertinent to their case.

There is generally some delay between the motorist being charged and a trial date which, affords good time for the collection of medical notes to be reviewed and submitted in support of their case.

If the arresting office or custody sergeant suspects that the motorist is suffering from a mental disorder, then they will need a forensic medical examination.

If the motorist is diagnosed as having had a panic attack, it is very difficult for the prosecution to challenge such an assertion if they have not been assessed at the time of failing to provide the specimen. It is important that the expert has sight and sound of any video or audio recordings that were made at the time.

In his statement, the expert witness will be looking for evidence of the 4 main types of anxiety symptoms, which are:

• Emotional
• Cognitive
• Psychological
• Behaviour

An in-depth review of the witness statements from the attending police officers and description of the motorist’s demeanour on the MGDD/A can prove invaluable when assessing their mental state that the relevant time.

The expert should also want to have sight of the motorist’s custody record which should have a note of any mental health problems when they are booked in.

The importance of GP notes have been mentioned throughout and it cannot be stressed enough how vital they are. The expert will be looking for any relevant pre-existing conditions however, it should be noted that many psychiatric illnesses go unnoticed in the general population and therefore may not be evidenced within the notes.

There is still a stigma about mental health issues and many such people will suffer in silence rather than seek help from their GP.

The expert generally prefers to sit behind the solicitor or barrister in court so as to offer suggestions for the cross examination of witnesses. Many experts also gain a greater insight into the motorist’s state of mind when hearing the live evidence of witnesses as opposed to only reading the written witness statements.

The police need to ensure they follow the Police and Criminal Evidence Act 1984 (PACE).  This sets out the rights you have around legal advice. It is stated that the gathering of evidence should not be frustrated to allow for legal advice, however, if there is a solicitor immediately available then legal advice should be allowed to take place before the defendant is charged with any offence.  In all cases a through examination of police procedure should take place.  We are experts in identifying any breach of protocol.