I was having a rectal prolapse and said I wanted to go to hospital. Even my dress was soiled but they didn't careThe offence is failing to provide “without reasonable excuse”. So it depends if your medical conditions prevented you from providing a sample of breath.
did you even try to blow?
What reason did you give for not providing a sample?
Were you seen by a nurse or doctor?
I have evidence to prove it as i phoned my gp about it the day before and am on waiting list for treatment. I am also diagnosed with anxiety disorderI was having a rectal prolapse and said I wanted to go to hospital. Even my dress was soiled but they didn't care
A rectal prolapse has you doubled up in pain and I was soiling myself therfore unable to steadily blow into anything. I was in complete pain and highly anxietal and crying. I was angry at the station and said I needed my medication but they didn't have citalopram.The rectal prolapse would not have stopped you from blowing into the machine, but the anxiety disorder could have been the cause of a failure to provide.
It will come down to your demeanour and what you said to the police when they questioned you on arrival and when they completed the MGDD/A form when they went through the breath test procedure with you.
A defence to failing to supply is best dealt with by a solicitor, but there is nothing to stop you from writing to the police station where you were detained, supplying your personal details and the time / date you were at the station, requesting to be supplied with your custody record and the custody video relating to your detention. This will give clarity as to what you said at the time.
If I provide medical records and evidence of my soiled dress do you think I stand a chance. I was banging on the door saying I was in painA rectal prolapse has you doubled up in pain and I was soiling myself therfore unable to steadily blow into anything. I was in complete pain and highly anxietal and crying. I was angry at the station and said I needed my medication but they didn't have citalopram.
Ok thanks. I will do that. No I didn't try as I was in too much pain and was soiling myself. I was very scared and kept telling them I was having a prolapse and I guess I was hysterical.I am not being nasty with you, just saying it as it is. You were doubled up in agony…. Yet you were able to drive a car. That is the slant that the prosecution will put on it.
Did you try at all to blow into the machine? Did you. Blow into the hand held device at the roadside?
I suggest you do what I advised, get the custody video and your custody record and you can review it yourself to see how it comes across. A solicitor will charge to apply for those things so you can save yourself money by doing it yourself.
It will not matter what you did before of afterm it will depend on what you said and did when the breath test was required and what you said when you refused / failed to provide.
What so you think my chances are with medical documentation?Ok thanks. I will do that. No I didn't try as I was in too much pain and was soiling myself. I was very scared and kept telling them I was having a prolapse and I guess I was hysterical.
Get the video and i suggest you contact martin hammond to review it who is a specialist solicitor in DDOk thanks. I wasn't actually driving when the prolapse started. I had stopped because of it
Ok thanksGet the video and i suggest you contact martin hammond to review it who is a specialist solicitor in DD
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He is very upfront about it though john to be fair and no specialist legal help is going to be cheap.You have to be aware that Martin is very good, but his fees start at £3,000 and then go up, according to the complexity of the case and the evidence that has to be gathered to prepare a defence.
Having said that, I have seen other specialist solicitors charging a lot more. And Legal aid does not apply to pay for it.