A delivery driver who refused to provide a blood sample for police because he believed it would taint his Ramadan fast has been banned from driving for a year.
Hasan Kurban was pulled over by officers in Dundee in May last year for another matter.
As they spoke to him, they could smell cannabis from inside his Mercedes Sprinter van and asked him to provide a roadside test.
Because it proved positive, Kurban was taken to Bell Street police headquarters where he was asked to provide a further blood test specimen.
Kurban told the officers he could not do so as it was Ramadan and he was in the middle of his fasting period.
Incorrect Ramadan information
Depute fiscal Lee Corr told Dundee Sheriff Court: “The accused refused on religious grounds.
“He was cautioned and charged and responded: ‘It’s not that I’m refusing, it’s that I can’t give it at this time’.”
Defence solicitor Theo Finlay, in mitigation for Kurban, told the court his client was not the “strictest” of Muslims but does observe the holy month of Ramadan.
He added: “At the time he was employed as a delivery driver.
“He indicated he would be able to give a sample after 8pm, on the basis he thought giving blood would taint the fast.
“There is no basis for refusing a blood sample on these religious grounds but at the time he thought it would interfere.
“He accepts this now.”
Kurban, formally of Ashvale Place, Aberdeen but now of Stockport, admitted refusing to give a blood specimen at Bell Street police station on May 6 2021.
He was disqualified from holding a driving licence and fined £160 by Sheriff Alastair Carmichael.
What is Ramadan
Ramadan, also spelled Ramazan, Ramzan, Ramadhan or Ramathan, is the ninth month of the Islamic calendar, observed by Muslims worldwide as a month of fasting, prayer, reflection and community.
Muslims across the world will not eat or drink during daylight hours but they are permitted to work still.
Taking part in a fast in not deemed a special circumstance to refuse a blood test.
If drugs are illegal, why are there legal limits for drug-driving?
