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Needle-phobic student refused to provide blood sample after positive drugs wipe

Dominik Krogulek wanted to cooperate with police but was unable to due to his fear of needles, Inverness Sheriff Court was told.

Inverness Sheriff Court
The case called at Inverness Sheriff Court. Image: DC Thomson

A student tested positive for cannabis but failed to provide a blood sample for analysis due to his fear of needles, a court has heard.

Dominik Krogulek initially cooperated with officers when they wanted to check his suitability to be in charge of a vehicle, submitting to a drug wipe test.

But he later failed to provide the blood sample, blaming this on a phobia of needles.

Krogulek appeared at Inverness Sheriff Court to admit a single charge of failing to provide a sample of blood on December 18 last year.

Fiscal depute Shamielah Ghafar told the court that, on that date, police attended at the campus of the University of the Highlands and Islands on another matter.

While there officer noted the accused and his vehicle and carried out routine checks.

The accused identified himself as the driver and cooperated with a drugs wipe test providing a specimen of saliva – which showed positive for cannabis.

Ms Ghafar said: “The accused stated that he had smoked cannabis in the morning and stated that he would be okay to drive.”

Krogulek was taken to the police station for further procedures to be conducted.

“The accused agreed to provide a specimen of blood but stated that he wished to speak to the nurse as he would not wish to have blood taken from his arm,” the fiscal depute told Sheriff Shirley McKenna.

Student was ‘terrified’ of needles

She explained that Krogulek spoke to the nurse “at length” telling her he was “terrified”.

He said that he wanted to give the blood and believed he would be under the prescribed limit but was “too scared” before eventually withdrawing his consent stating that he had a “phobia of needles”

Solicitor John MacColl said his client was a biosciences student who also works as a cleaner.

He said Krogulek holds a provisional licence allowing him to operate a low cc motorcycle.

He said: “He was in charge of the motor vehicle.”

Student spent 45 minutes explaining his fear of needles

Mr MacColl explained that the 21-year-old had “come very close” to having a complete defence on the basis that he has a phobia of needles.

He explained: “He spent a good 45 minutes explaining to the nurse and the police officer that he was afraid of needles and asking if there was another way forward.

“The only time as an adult that he has had a needle stuck in his arm was during Covid.

“He managed with the help of numbing cream and some support to get the first jab – he did not manage the subsequent ones.”

Sheriff McKenna told Krogulek, of Cauldeen Road, Inverness: “In light of the circumstances I’m going to impose 10 penalty points.”

This resulted in the student being disqualified from driving for six months under the totting-up procedure, he was also fined £380.