Solicitor Advocate Hulusi Ali secured an acquittal for a client charged with failing to provide a specimen of blood, an offence under Section 7 of the Road Traffic Act 1998.

Our client had been stopped by police while travelling with his partner and newborn child in a car. Officers claimed they could smell cannabis, although discovered no drugs in the vehicle. The client denied having recently smoked cannabis but admitted to occasional usage. Despite this, officers demanded a roadside drug test.  Believing the stop to be discriminatory and unjustified, the client refused. 

He was arrested and taken to the police station, where he was asked to provide a blood sample. Again, he refused and was charged.

Court proceedings – failing to provide a blood sample

Upon analysing the prosecution evidence, Hulusi identified a fundamental procedural error. Before a blood sample can lawfully be requested, a Health Care Professional (HCP) must assess whether the detainee has any medical condition that could be affected by drugs or interfere with the taking of a sample. This safeguard, designed to protect detainees’ health and ensure fairness, had been entirely ignored.

On reviewing the procedure, Hulusi identified a key error — a Health Care Professional was required to be present and assess whether the defendant had a condition affected by drugs. This safeguard was completely overlooked.

At trial, Hulusi made a half-time submission that the statutory procedure had not been properly followed and that the request for a sample was therefore invalid. The court agreed, and dismissed the case.