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Northfleet taxi driver banned from driving after refusing drug and blood tests due to irritable bowel syndrome and needle phobia
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Northfleet taxi driver banned from driving after refusing drug and blood tests due to irritable bowel syndrome and needle phobia

A former taxi driver told police he couldn’t take a drug test because he couldn’t put anything in his mouth because he suffered from irritable bowel syndrome (IBS).

Rashpal Channa was stopped by police and asked to take a roadside drug test because they suspected he was driving under the influence of cannabis.

Rashpal Channa was found guilty of failing to provide a sample for analysis and failing to comply with a drug test at trial.Rashpal Channa was found guilty of failing to provide a sample for analysis and failing to comply with a drug test at trial.
Rashpal Channa was found guilty of failing to provide a sample for analysis and failing to comply with a drug test at trial.

But not only did he refuse to comply with this request, he also failed to provide a blood sample for analysis.

The 45-year-old taxi driver was arrested by police in Medway on July 31, 2022 on suspicion of driving with cannabis in his system.

After refusing the roadside drug test, he was then taken to a police station where he had to take a blood test for analysis, but he told officers he could not take the test because he had a phobia of needles.

He was then charged with failing to cooperate with a preliminary drug test and failing to provide a breath sample for analysis.

Channa, of Seymore Road, Northfleet, denied both charges against him but was found guilty of both offenses at his trial in August this year.

Channa did not comply with police request for roadside swab and blood test Photo: iStockChanna did not comply with police request for roadside swab and blood test Photo: iStock
Channa did not comply with police request for roadside swab and blood test Photo: iStock

He returned to Medway Magistrates’ Court on October 24 to learn his fate after a pre-sentencing report was made against him.

This is not the first time Channa has been in trouble with the law since on New Year’s Day 2022 he smashed another taxi driver’s window in a turf dispute for touting prices outside a Wetherspoon pub in Maidstone.

He used some sort of tool to smash the window of fellow taxi driver Sayed Ahmadi’s black London-style taxi, after an expletive-laden rant against Mr Ahmadi, who was allowed to collect tickets in the county town , unlike Channa.

Channa was charged with criminal damage following the incident. He had denied the allegation but he was again found guilty at a trial heard at Margate Magistrates’ Court in January, to which he attended late.

At her final hearing in Medway for the driving offenses, Elizabeth Evans, prosecuting, told the court she was in the dock to be sentenced but had already raised the possibility he would appeal convictions.

Magistrates heard he even managed to return to court before the sentencing hearing to have an interim ban lifted because his legal adviser told the court he was appealing.

Magistrates in Medway ordered Channa to be banned from driving. Photo: Stock photoMagistrates in Medway ordered Channa to be banned from driving. Photo: Stock photo
Magistrates in Medway ordered Channa to be banned from driving. Photo: Stock photo

The interim ban was imposed on him when he was found guilty of the two offenses after his trial on August 24, but at the sentencing hearing his lawyer, Sidney Decardi-Nelson, confirmed that the temporary ban had been lifted pending appeal.

He also told the court his client even drove his vehicle to court for the sentencing hearing, despite the fact he was facing a lengthy ban.

Mr Decardi-Nelson also told magistrates that the application to appeal the convictions, which is to be made at the crown court, had not yet been made, then said he was not sure whether the request even went all the way.

Ms Evans said: “The interim ban has been suspended pending an appeal against the convictions for both offenses but this must be dealt with at the crown court.

“There is no medical reason not to do a drug test, but he said he had IBS and nothing could be put in his mouth and for the blood test and it was only him who said he had a phobia of needles.”

She also said the convictions warranted a medium to high community order or fine and sentencing guidelines stated Channa should be banned from driving for between 17 and 28 months.

He’ll have a hard time getting home if you disqualify him while he was driving his car here

Mr Decardi-Nelson added: “He is 45, lives with his parents, claims universal credit and receives £700 a month.

“He has health issues, IBS and some depression and is awaiting a hospital appointment.

“He will have a hard time getting home if you disqualify him while he was driving his car here.”

The court heard Channa also told the author of the pre-sentence report that he had health problems, which meant he was unsuitable for unpaid work.

Magistrates decided to fine Channa £300 for failing to provide a specimen offense but said he would receive no separate penalty for failing to comply with the drug test.

He was also ordered to pay £300 court costs and an £80 victim surcharge.

Channa was also banned from driving for 20 months, but was told the 41 days for which the interim ban was lifted would be deducted from his overall ban.