Can initial court date be changed? We should be on holiday:( Husband charged with failing to provide,but he did provide breath results.

Convicted Driver Insurance
Dinlo said:
Yes. His best option is to swallow his pride, be honest and plead guilty. There is no way around this charge and the sooner he accepts this and the penalty the better for all involved.
Click to expand...
He is stuck on the idea that he did provide readings. He admits he was over the limit. But struggles with admitting ftp
 
okcana86 said:
Can husband plead guilty and ask for court to take into consideration the readings he provided? That he was not refusing cooperate but was scared of needle? Could this be taken into account to lessen the punishment? Or once you plead guilty nothing else matters?
Click to expand...
With all due respect I don't believe your husband is telling you the truth so I can't advise you on what theoretically could happen in this scenario.
 
okcana86 said:
Do I understand correctly that there is no point having solicitor if husband pleads guilty? It's not like solicitor will get less of a punishment when pleading guilty? I'd rather husband plead guilty if solicitor will cost anything over 2k so i guess that narrows our options
Click to expand...
That's up to him. If he is OK with representing himself and explaining the mitigating circumstances to the magistrates, then he can do it himself. Otherwise, I would suggest a local solicitor firm should be able to do it for him for no more than £3-400. Sometimes the duty solicitor is available in court on the day, but this cannot be guaranteed. Also, this duty solicitor may be the one he spoke to on the night on the phone so may not be in his interest if he bringing that up!!!!!!!
 
okcana86 said:
Can husband plead guilty and ask for court to take into consideration the readings he provided? That he was not refusing cooperate but was scared of needle? Could this be taken into account to lessen the punishment? Or once you plead guilty nothing else matters?
Click to expand...
No. He didn't provide a sample of blood when requested, irrelevant that he provided breath. He is charged with fail to provide a sample of blood when requested, and he is 100% guilty of that....
 
BigTom said:
That's up to him. If he is OK with representing himself and explaining the mitigating circumstances to the magistrates, then he can do it himself. Otherwise, I would suggest a local solicitor firm should be able to do it for him for no more than £3-400. Sometimes the duty solicitor is available in court on the day, but this cannot be guaranteed. Also, this duty solicitor may be the one he spoke to on the night on the phone so may not be in his interest if he bringing that up!!!!!!!
Click to expand...
So there could be difference in sentencing if mitigating circumstances presented better? Could I represent him? Just want to know the options
 
okcana86 said:
So there could be difference in sentencing if mitigating circumstances presented better? Could I represent him? Just want to know the options
Click to expand...
If you are a registered solicitor or barrister than you can defend him Otherwise, NO! If mitigating circumstances are entered, the magistrates may go towards the lower end of the sentencing guidelines. It is your/his choice....
 
BigTom said:
If you are a registered solicitor or barrister than you can defend him Otherwise, NO! If mitigating circumstances are entered, the magistrates may go towards the lower end of the sentencing guidelines. It is your/his choice....
Click to expand...
Ok, thank you for explaining that. I have represented my mum in divorce proceedings and husband on penalty charges appeals)) so wasn't sure what the process with magistrates is anyone can be representative.

Where can I find sentencing rules for ftp? And what it would be if his readings were taken into account? Interested in the damage ftp has done
 
Sounds like a nightmare, just admit mistakes were made, prepare for court and don’t make the same mistake again once the license is back! Also, would highly recommend reading what others have done in regards to the HRO medical and ensuring that when the time comes he sails through 👍
 
okcana86 said:
Ok, thank you for explaining that. I have represented my mum in divorce proceedings and husband on penalty charges appeals)) so wasn't sure what the process with magistrates is anyone can be representative.

Where can I find sentencing rules for ftp? And what it would be if his readings were taken into account? Interested in the damage ftp has done
Click to expand...
**@BigTom drops the mic and walks away shaking his head whilst muttering to himself!**
 
Dovi88 said:
Sounds like a nightmare, just admit mistakes were made, prepare for court and don’t make the same mistake again once the license is back! Also, would highly recommend reading what others have done in regards to the HRO medical and ensuring that when the time comes he sails through 👍
Click to expand...
Ofcourse, will be reading all about hro and preparing. Is medical the only difference if you get hro vs dd with 65?
 
If he is being prosecuted for failing to provide then the readings, if there are any, do not form part of the prosecution and therefore cannot be used to determine sentencing.

The readings are irrelevant, the only occasion that blood would be requested having provided breath samples on the intoximeter would be if the officer believed that the machine was providing false readings. If that was the case then the readings are irrelevant and cannot be used as evidence of the levels of alcohol consumed. There has been no mention of a faulty machine by your husband or the reasons why blood was requested so I'm still at a loss in understanding why blood was requested if satisfactory breath samples were given.
 
Dinlo said:
If he is being prosecuted for failing to provide then the readings, if there are any, do not form part of the prosecution and therefore cannot be used to determine sentencing.

The readings are irrelevant, the only occasion that blood would be requested having provided breath samples on the intoximeter would be if the officer believed that the machine was providing false readings. If that was the case then the readings are irrelevant and cannot be used as evidence of the levels of alcohol consumed. There has been no mention of a faulty machine by your husband or the reasons why blood was requested so I'm still at a loss in understanding why blood was requested if satisfactory breath samples were given.
Click to expand...
He doesn't understand himself why breath samples were not used. officer just said something along the lines that's variance is too big so we would need blood sample.
 
There's the reason then. Your husband was told that the difference between the figures was too high so blood would be requested, a standard procedure. Your husband would have been told what the procedure with blood samples involved including what would happen if he refused, this procedure is so routine and it's read from a form which is used as part of the evidential file so there's no doubt about your husband not being made aware. Being concerned about the hygiene factor surrounding having blood samples taken in custody is not a defence, thousands of blood samples are taken in custody every year without a problem. Your husband does not have a defence, his angle has been tried many times before without success. He cannot rely on his breath samples as they were deemed inadmissable so everything comes down to his refusal to provide blood. He refused, he was charged accordingly and he has no defence or mitigation. My advice is to plead guilty at the first opportunity and take the punishment.
 
okcana86 said:
Ofcourse, will be reading all about hro and preparing. Is medical the only difference if you get hro vs dd with 65?
Click to expand...
I guess it is the medical and more often than not a GP check, so things like admitting to GP over the last 6 years that you drink more than 14 units a weeks could be a flag of misuse which can add a further 6 months on to the ban potentially .. there will possibly be a delay still as we all know GP’s are in no particular rush these days and that isn’t likely to change!
 
BigTom said:
No, if the 2 readings could be interpreted as showing the machine was not functioning correctly, ie. >15% difference in the readings, then the readings are inadmissible in court. In that case, the officer in charge will decide whether to request a blood sample (taken by a medical professional) or a urine sample instead. Failure to provide in this case is a totally separate offence.

I would suggest that you either accept the facts and go guilty, or instruct a specialist solicitor who will charge you £1,000's to defend him on the premise of finding a loophole. In 99% of these cases, the solicitor recommends going guilty at the last moment as they have nothing (apart from your £10,000 cheque in their pocket!!!)
Click to expand...
It was supposedly 65 and 72 (which has changed from this morning) so less than 15% differential.
 
What are the previous penalties you represented him on? Does he have points or is it something else.

I would be focussing on getting 3 references ready for court. But just a thought on reading your previous post - if he has had form in the past then this could affect his outcome in court.

I also don’t think a family holiday is a good enough excuse not to appear in court. Looks like you need to have an extremely valid excuse from a quick search:
  • Illness: judges can be sceptical if a defendant claims to be too unwell to attend. Inform your criminal defence lawyer to provide a sick note (a physical examination is required)
  • Death in family
  • Emergency hospitalisation
  • Severe illness
  • Admission into drink/drug dependency institution
  • Car crash
  • Another emergency situation
If you do not appear in court the court may decide to proceed in your absence. If the court decides not to proceed in your absence a warrant will be issued for your arrest

Contempt of court is a criminal offence where a person unfairly influences or fails to cooperate with a court case

However - on another forum it says you should write to the court and provide proof of the holiday and when it was purchased. It’s up to the judge to decide apparently.

I also think you need to realise how serious the offence is. Perhaps he is drinking too much atm and you know?

We are all here to support you through this (or your husband I should say) but like I said do some research on preparation and postpone the holiday even if it’s separate bookings. Neither of you is really going to be feeling in holiday mode when you start to realise the seriousness of the situation..
 
Last edited:
I hate to sound brutal here…We’ve all been through this hence why we are here but I do think there’s a case of Chinese whispers going on. Was your husband not provided with a document when he left custody? This should have shown the readings. Sorry, whilst I sympathise, a holiday really is at the bottom of priorities now. We have all learnt the hard way, someone could have been killed. Alternatively if you are set on this, could he not fly back a day early? That way your children won’t miss out.
As a mother I understand, as will many on here but I think it’s important your husband understands how serious this is.
 
I also think you are not seeing the wrong doing in your husband.

This will definitely affect your future and your children’s (as you don’t drive).

You should be furious with him tbh and intolerant at his actions.

As said before - I would be going away with the kids on my own..
 
Last edited:
Reets said:
I also think you are not seeing the wrong doing in your husband.

This will definitely affect your future and your children (as you don’t drive).

You should be furious with him tbh and intolerant at his actions.

As said before - I would be going away with the kids on my own..
Click to expand...
Defending the indefensible. I admire her devotion but I feel she is falling for lies.
Yes go on holiday but either tell the OH to stay at home or fly back early.
 
You must log in or register to reply here.
Enter code DRINKDRIVING10 during checkout for 10% off
Top