• Fri. Aug 12th, 2022

Mercedes driver refused to give a sample because he would faint at the sight of blood

ByRandall B. Phelps

Apr 4, 2022

A teenage driver said he couldn’t give the police a sample because he had a phobia of needles and would ‘pass out’ at the sight of blood.

Prosecuting Rachel Butt told Teesside Magistrates’ Court that Dylan Pounder, 22, was arrested by police while driving his Mercedes car in Middlesbrough on January 9 this year, and they detected a strong cannabis smell.

She said a roadside swap was made and tested positive for cannabis. She said: “He was arrested for the offense of driving over the prescribed limit. He was taken into custody.

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“Mr Pounder refused to give a probative blood sample and said he had a phobia of needles. He provided no medical evidence and had ample opportunity to give a blood sample.”

Dylan Pounder outside Teesside Magistrates’ Court.

The defendant, who pleaded not guilty to failing to provide a specimen, told the court he had cannabis in the car he intended to smoke that evening, but claimed he hadn’t smoked it during the day before he was arrested.

He said: “I told the officers I had a phobia of needles and would rather take ten swab tests than have a needle. As soon as I heard of blood I said :” I’m sorry i can not. sight of blood and I pass out, I’m sorry”.

“At the sight of blood, I wheeze and feel sick. At the sight of blood, I feel sick and pass out.”

Pounder, of Fordy Grove, Thornaby, said he couldn’t get medical evidence about his needle phobia because he hadn’t seen his doctor since 2014, so there was nothing on his file about it . He added that he had not had a coronavirus vaccine due to his phobia of needles.

The court heard that there were cases where a phobia of needles had been agreed upon as a lawful excuse, accompanied by medical evidence.

Kate Clark, defending, said: “I cannot provide any medical evidence as he has never been in a situation before with a medical expert or doctor, where he has had a needle.

“It wasn’t deliberate. He said he’d rather take greater punishment than take that needle.”

Dylan Pounder who was found guilty of failing to give a blood sample.
Dylan Pounder who was found guilty of failing to give a blood sample.

The chairman of the bench, Colin Beadle, said it was fair there had to be medical proof of a needle phobia or everyone would be saying the same thing.

He said: “We are satisfied that you had no reasonable excuse and therefore find you guilty of the offence.”

Pounder, who is unemployed, was banned from driving for 12 months and ordered to pay £200 in costs, a fine of £180 and a victim fine surcharge of £34.

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