2nd DD offence DR30

Convicted Driver Insurance


Just got my court papers through. I have been charged with failure to provide a breathe specimen. This is my 2nd offence within 2 years. I failed to provide at roadside and was taken to the police station. I told them I had medical reasons for not being able to blow, I was fully compliant and helpful, I had not been drinking that morning but I had the night before. I tried my best but have a number of medical conditions which contributed to my shortness of breathe.
in December 2019 I was hospitalised in a comma with pneumonia and took months to recover due to the severity of the infection. When I told the police this they called a Healthcare worker who dismissed this and said I was fit to blow. In addition, I have a hernia which can cause shortness of breathe and suffer from Emotional Unstable Personality Disorder and PTSD and am on quietapine and citalopram which both can suppress breathing. Obviously i was very anxious and have panic attacks where I struggle to breathe.
I was not offered a blood or urine test as an alternative. I was not allowed contact with my mental health team or a solicitor. No interview was conducted. I was left in a cell all day and let out at 8pm having been arrested at 10am
There was 1 evidential reading of 102 but there were also readings of 34, 35 and 36! and plenty of nil readings.
My court hearing tomorrow has been adjourned because I have CoVid. I’ve had 2 jabs but my lungs are obviously still weak! my GP has put me on antibiotics today as a preventative measure to avoid hospitalisation.
I attend AA meetings and am doing the 12 steps with my sponsor. I also do courses with the Nelson Trust and Turning Point.
it was one night of heavy drinking which was a poor judgment call after I was scammed for £5k and was extremely upset. I was pulled the next morning! I’ve had a gastric bypass and bowel cancer so most of my bowels and stomach have been reduced and alcohol affects me greatly now.
Ive instructed a solicitor and going to plead not guilty. The first time I was genuinely at fault, did the rehab course, had to have 2 blood tests and a mental health report as I was considered a HRO due to my surgeries. Any advice gratefully received.
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