Arrested for drink driving & charged with failing to provide

Kate P

Member
I was arrested yesterday for suspected haven driven a car under the influece, I gave about 4 breath test but they all failed because I had been unwell with a suspected chest infection, and I did tell tholice this. so I’ve now been charged with failing to provide a specimen, however they never asked at any point any for a blood or urine sample. It says that I failed without reasonable excuse to do so. I also asked to see a medic to get my chest checked, but this never happened.r

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price1367

TTC Group
I was arrested yesterday for suspected haven driven a car under the influece, I gave about 4 breath test but they all failed because I had been unwell with a suspected chest infection, and I did tell tholice this. so I’ve now been charged with failing to provide a specimen, however they never asked at any point any for a blood or urine sample. It says that I failed without reasonable excuse to do so. I also asked to see a medic to get my chest checked, but this never happened.r
You would need to present some evidence to support your claim that you were suffering from a medical condition that prevented you from providing a sample. Your word alone will not be sufficient so you need to consider:
Had you already seen your doctor about the infection?
Were you prescribed any medication?
Did you have that medication with you?
Did you tell the police on arrival at the police station that you were unwell (they ask all prisoners about their health and medication) or only mention it when you were trying to provide?
If you had not seen a doctor before, have you seen one since, so he can confirm your diagnosis, and have you needed medications?
Were you off work due to illness, or have you been off sick since you were unwell?

If you can persuade the court that you had reasonable excuse then you should not be convicted, but you have to do some evidence gathering.
 

Kate P

Member
Thanks for your response, I went to the doctors the day that I got released on bail and he confirmed that I had a chest infection. I have a photo of the prescription and the medication that was given to me. My Doctor has also said that if required, he will write a report to state this. When doing the breath tests I did tell the police that I had a cough and suspected chest infection, I also asked to see one of their medics to check my chest but that never happened. I had been off work due to being unwell. They did not offer me a blood or urine specimen either. The police have a witness statement from a taxi driver who followed me and said that I was driving erratically, mounted the curb and nearly hit a pedestrian. They also have photos to the damage on my car, Is it a case of his word against mine, everyone's perceptions of driving erratically is surely different.
 

price1367

TTC Group
What the witness might say is now irrelevant, because the accusation against you is that you failed to supply without reasonable excuse.
All the police have to do is that they had reasonable suspicion that you were over the prescribed Limit. The fact that someone (even if incorrectly) said they thought you were driving in an erratic manner gives them the power to require a breath test. Although I cannot see how it could be only a “perception” that you mounted the kerb and nearly hit a Pedestrian.....
 

Kate P

Member
Thank you, so does it now look like i have enough evidence potentially get this overturned. Will I still need to go to court or will my solicitor be able to get this stopped before this. Sorry to ask stupid questions but I've never done anything like this before. Will the fact that they never asked for a blood or urine specimen also go in my favour. I've also noticed that the charge sheet that they have given me has not been signed by the Police, will this make any difference?
 

price1367

TTC Group
The signature doesn’t matter.
It WILL go to court, the Magistrates will be the ones responsible for the decision on if your claim to have reasonable excuse is acceptable.
What your solicitor will try to do is to persuade the court that you had a reasonable excuse. If the police believed that you had reasonable excuse at the time, they should have offered a blood or urine sample: the prosecution will say that what is advanced does not amount to a reasonable excuse then the magistrates decide which is more credible.
 

Kate P

Member
Thank you, so what are your thoughts, do you think I will still be convicted and and receive a ban?
 

price1367

TTC Group
You may not get full information from your solicitor, so you need to consider that you will not get legal aid for your case, so it will cost quite a bit to defend. You will not get any of that back even if you are found not guilty unless you can show that it was unreasonable to bring the case to court. On a simple guilty plea, prosecution costs are £85. For a not guilty plea (if found guilty) prosecution costs are £620.
I am not trying to talk you out of it, just want you to know what you are facing.
 

price1367

TTC Group
Thank you, so what are your thoughts, do you think I will still be convicted and and receive a ban?
It depends on what the magistrates believe was your physical state at the time you were asked for a breath test. Has your solicitor requested a copy of the custody record and the video of you at the desk? If not, he should do so. It will show what you said about your health and if you were coughing or struggling for breath at all.
 

Kate P

Member
I'm waiting to hear from my solicitor, she said she would write to me this week, so I've yet to understand what route she is going to take. I didn't get her details when I was being interviewed because i was worried sick and not thinking straight. So I have to wait for her to contact me so I can let her have my further evidence. Thank you for answering my questions, you've been very helpful. I'm worried sick and can't help thinking i'm going to go to prison. It's my first ever offence. I'm a good person, who made a mistake which I am very remorseful for. I have a good job and a family, son aged 19 studying A levels at home. He doesn't need me stress at the moment, so the more I can find out to ease my anxiety the better. Thanks you
 

Kate P

Member
So if I did plead guilty, but it's found that I did have reasonable doubt, will I still get a conviction and a ban?
 

price1367

TTC Group
If you plead guilty, you would get a conviction and a ban of between 12-36 months. (likely to be 12-20 month range) tried your best is mitigation to keep the length of the ban down. Reasonable doubt only comes from a not guilty plea and you being found not guilty. Then you get no conviction or ban, but you are saddled with court and solicitor costs if you lose......and your solicitors costs even if you win!
 

Kate P

Member
Gosh, so much to think about. I think it's best to wait from my solicitor and see what she suggests, after she has analysed all the evidence. Thank you for your response.
 

price1367

TTC Group
You’re welcome. Not all solicitors are familiar with the intricacies of drink driving cases. Ask her how many fail to provide cases she has dealt with in the past and her success rate....
Solicitors are always optimistic, but in the end they are playing with YOUR length of ban and YOUR money. They never loose! Hope it goes well for you and let us know on here how you get on.
If you have any specific questions before the trial you can always ask me on a PM (private message) on here rather than post sensitive information publicly.
 

Kate P

Member
Hi Again,

I've just had my letter from the solicitor and it's headed, Charges: Fail to provide, dangerous driving, excess alcohol - what's my outlook? It is said that it is alleged that I have done this!
 

craig121

Well-known member
Kate your previous statement

#It's my first ever offence. I'm a good person, who made a mistake which I am very remorseful for.

This is not words from an innocent accused driver! Suck the punishment it's a lot easier to just move on with life knowing you never got away with it# and will have better impact on your life in the long run or you may just take that risk again if you walk free.

You were over the limit even though you could not blow , myself had a great defence the police charged me with failing to provide on my charge sheet which was a mistake? I could of walked with the right Solicitor but I knew I did wrong and deserved to be punished and it was a long journey from which I've walked away with my head a little higher than when I used to take chances ,
All other charges other than DUI will drop just plead guilty move on
 

SillySausage123

Well-known member
I agree with Craig, I was in denial (still have abit of it) but the sooner you accept it and move on and understand it's part of your life but it will in essence be a distant memory in years to come, you'll be back to 'normal'.

When I look back, I realise there are times when I've probably been over the limit on occasions but never considered it to be drink driving (e.g. I've gone on dates, and had a drink or two before driving a short while after, but you'd be surprised that the girl I went on a date with would've also driven...) Many of us were simply unlucky but that's the nature probability. DD really needs to be hammered home at the fact that cosume any alcohol and you can be done for DD.
 
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Kate P

Member
High both, I agree with you whole heartedly, I did what I did and there’s no getting away from that. I will take the W punishment I deserve and will move on from this in a positive way. Is everyone been charged with failure to supply a breath sample which, ad I will plead guilty and will be banned. I won’t ever make the same mistake again.
 

craig121

Well-known member
Kate

You are now bracketed an HRO from the DVLA for refusing the brearhalyser

It will be harder to get your licence returned but easy if you follow some advice, keep regular contact with your GP assure him/her you have no alcohol issues and you will be expected to take a dvla medical before your licence is returned.
 

Kate P

Member
Hi Craig, I didn’t refuse the breathalyser, i tried it numerous times, I just couldn’t reach their levels of breath targets because I had a chest infection at time and just kept coughing when trying. I tried my hardest to do it, does that still make ma HRO?

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