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Refusing or Failing to Provide a Blood or Oral Fluid Sample is an offence under Clause 17, Schedule 3 of the Road Transport Act 2013.
To establish the offence, the prosecution must prove beyond reasonable doubt that you refused or failed, when medically able to give a sample, to:
If it is your first major traffic offence in 5 years the maximum penalty for refusing or failing to provide a blood sample is:
Alternatively, the court can ‘exempt’ you from the interlock requirement and impose up to:
If it is your second or more major traffic offence in the past 5 years the maximum penalty is:
Which can be reduced to 9 months, Followed by
Alternatively, the court can exempt you from the interlock requirement and impose up to:
However, there will be no criminal record, licence disqualification or fine where the court deals with you by way of:
You are not guilty of the offence if you are able to persuade the court that you were unable to comply due to a medical condition.
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I had a matter where I was planning to self represent. However, I decided to…
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