Charged with Failing to provide a sample

Convicted Driver Insurance

Lockdown Larry

New member
So I was arrested sitting in my parked car on my driveway. Engine off and no key in ignition. I had been driving whilst I had drink in my system, the reason the police turned up at my door was because I had an altercation with another guy in a Sainsbury local 500 meters from where i live. I made a comment about the guy not wearing a mask after he sneezed as I was walking past him. This escalated and punches were thrown and I actually hit the ground at some point.

I then drove off so someone must of gave my details to the police and they arrived at my house.

I was breathalyzed but the office could not get a reading so was arrested and taken back to the police station. I wasn't checked by a nurse and at no point was I interviewed. When i was taken into get breathalyzed I ridiculously pretended to faint and at that point the Police office said right thats it failing to give a sample even though when I got up I said I would take the test. a few hours later I was then taken to Hospital by the police as a precaution and the Dr confirmed that she could feel lumps on my head but that I was no longer suffering from concussion and was free to leave the hospital. I was then taken back to the station and was told that I would be seen by a nurse before I could leave, anyway that never happened so at no point was I seen by a nurse whilst in custody. I was then charged with driving a vehicle (no mention of alcohol) and that i failed to give a sample without a reasonable excuse.

So these are my questions.
Has the drink driving element been excluded even though it was obvious that I had had a drink?
Does the fact that I wasnt assessed by a nurse mean that they cant confirm if I was injured and therefore wernt in a position to say that I was indeed faking the fainting. Also having a Dr confirm that I have head injuries mean that I could of had concussion. if CCTV/body cams are checked im sure you could tell i was intoxicated but is this enough proof.
 

rufus

Well-known member
Do you have the charge sheet that you signed in the police station when you were released., there is no such charge as "driving a vehicle" as driving a vehicle is what we all do, its more likely you will be charged with a DR30

Extract from this site

Fail to provide specimen while driving or attempting to drive

DVLA Endorsement Code: DR30

A DR30 driving licence endorsement will remain on a driving licence for 11 years from date of conviction.

Driving disqualification: minimum 12 month disqualification

Maximum fine: Unlimited

Minimum fine: Band B fine (75 - 125% of relevant weekly income)

A prison sentence of up to 26 weeks or a community order can also be imposed upon conviction of failing to provide a specimen while driving or attempting to drive.
 

Lockdown Larry

New member
It says "when suspected if having driven a vehicle and failed to provide a specimen of breath. Failed without reasonable excuse to do so". So yes the charge is failing to provide a sample.
 

rufus

Well-known member
You seem surprised they charged you with failure to provide even after you admitted you pretended to faint and never/couldnt give a roadside test

Have they interviewed you yet, with a solicitor present?
 
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rufus

Well-known member
As you failed to provide a specimen, they will assume you are over the dd limit. (guilty till proven innocent)
You missed your chance to prove otherwise when you didnt do the test, if found guilty, you will lose your licence for 12 months and receive a fine but unlikely to receive a custodial sentence but that depends on your history and if the judge has got out of the right side of bed
Take the option to do the drink drive course as it will knock 25% off your ban if you can.
I dont get your point about the duty nurse not seeing you as they took you to hospital and the Doctor there said you were not concussed, perhaps something to discuss with your legal brief
You will now be classed as a HRO (high risk offender) and may have to prove controlled drinking for 6 months if classed as a misuser or 12 month abstinence if classed as dependant.
The DR30 will remain on your licence for 11 years and you will also get a criminal record and it will stay unspent on your criminal record for 5 years. (something they dont tell you about.)
 
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Tyson

Member
You should of just gave a sample, you had a chance to actually blow under and not lose anything!!
 
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