LEE McGUCKIN v. PROCURATOR FISCAL, AYR

The appellant in this stated case is Lee McGuckin. He went to trial before the Sheriff at Ayr on 3 August 1999. At the conclusion of the whole evidence, in the course of which the appellant himself gave evidence, he was convicted on a charge of failing to provide specimen of urine contrary to section 7(6) of the Road Traffic Act 1988.

The Sheriff goes on to find that the officers explained that the first specimen of urine would discarded and that the appellant required to provide a further specimen for analysis within the hour. That second specimen would thereafter be sent for analysis to ascertain the level of any alcohol content present in the urine. The appellant agreed to this procedure and without difficulty gave a first sample which was then discarded.

The police repeatedly requested further samples of urine at regular intervals throughout the prescribed hour and in particular made a request very shortly before the expiry of the period. On each occasion the appellant said he was unable to provide a specimen and did not do so.

At all times the appellant was held in the same suite which has toilet facilities within King Street Police Office. At no time after the passing of the first specimen did the appellant leave the suite. On being requested for further samples of urine by the police officers present he indicated that he was unable to provide a specimen.

When cautioned and charged after the expiry of the prescribed hour, the appellant replied "I can't provide it - I'm not ready for one"."