A former taxi driver told police he couldn’t do a drug swipe test as he couldn’t have anything put in his mouth because he suffers from irritable bowel syndrome (IBS).

Rashpal Channa was pulled over by officers and asked to do the roadside drug test because they suspected he was driving while under the influence of cannabis.

But not only did he refuse to comply with that request, he then also failed to provide a specimen of blood for analysis.

The 45-year-old cabbie was stopped by police in Medway on July 31, 2022, and was suspected of driving with cannabis in his system

After refusing the roadside drug swipe test, he was later taken to a police station where he was required to do a blood test for analysis but told officers he couldn’t do the test as he had a phobia of needles.

He was later charged with failure to cooperate with a preliminary test, namely a drug swipe and failing to provide a specimen of breath for analysis.

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

He returned to Medway Magistrates’ Court on October 24 to hear his fate after a pre-sentencing report was carried out on him.

It’s not the first time Channa has been in trouble with the law as on New Year's Day 2022, he had smashed another cabbie’s window in a turf war feud over touting for fares outside a Wetherspoon pub in Maidstone.

He used some sort of implement to smash the glass in fellow taxi driver Sayed Ahmadi’s London-style black cab after an expletive-laden rant at Mr Ahmadi, who was licenced to pick up fares in the county town unlike Channa.

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

At his most recent hearing in Medway for the driving offences, Elizabeth Evans, prosecuting, told the court he was in the dock to be sentenced but had already raised the prospect he would be appealing the convictions.

Magistrates heard he had even successfully managed to go back to court before his sentencing hearing to get an interim disqualification lifted because his legal advisor told the court he was lodging an appeal.

The interim ban had been handed to him when he was convicted of both offences after his trial on August 24, but during his sentencing hearing, his solicitor, Sidney Decardi-Nelson confirmed the temporary ban had been lifted pending the appeal.

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

Mr Decardi-Nelson also told magistrates the application to appeal the convictions, which has to be carried out in the crown court, had not yet been lodged and then said he was unsure if the application was even going ahead.

Mrs Evans said: “The interim ban was suspended pending an appeal against the convictions of both offences, but that has to be dealt with at the crown court.

“There is not a medical reason not to do a drug swipe 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 saying he’s got a needle phobia.”

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

He will have difficulty getting home when you disqualify him as he drove his car here

Mr Decardi-Nelson added: “He’s 45-years-old and lives with his parents and is claiming Universal credit and gets £700 a month.

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

“He will have difficulty getting home when you disqualify him as he drove his car here.”

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

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

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

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