okcana86
Member
Husband Charged with failing to provide specimen because he asked to talk to solicitor after providing two breath tests at a station of 65 and 72.
My main question at the moment is how to change first hearing date at least by one day? We are meant to be coming back from holidays late night on the date of hearing. I was hoping to at least not disrupt kids holidays and then deal with this all
Husband was stopped at 11pm last night after driving out of mc Donald's drive through, police could smell alcohol but had not breathalyser. Husband said he had 1.5 pints. But he wasn't drunk. He said he was tired as only had 3 hours of sleep last night and was coming from long day at work.
Second police car came, again no breathalyser. They told him he would need to go to police station to have the test. He said "well I have no option do i".
The handcuffed him and took into their car.
In police station he did two readings 60(or 65?) and 72, policeman said its too different so have to do blood test. Husband said OK. When waiting for blood test to be taken he was given a piece of paper with his rights. Husband read that he had to provide specimen by one of the three methods. So he said "I already did" why do I need blood test?" He was actually very anxious of needle and was concerned how hygienic it would be. Has a bit of OCD tbf.
So Husband said "it says here i can have legal advice so I would like to talk to solicitor on what my options are before doing blood test ". Policeman said it doesn't work like that and you are then refusing to provide specific. Husband many times repeated " I'm not refusing I just want to know my options ". So police solicitor rung him, and was very rude. Did not offer any advice. Said somethings along the lines of " you are ****ing idiot, funking drunk". And hanged up on him. Husband was shocked and said this to police officers how can solicitor talk like this. Husband suspects it wasn't solicitor after all,maybe just another police officer acting like one.
After this noone asked for a specimen again. They finished taking his fingerprints and took him into cell where he stayed until morning.
So he hasn't actually refused to provide just was anxious of having his blood taken and wanted to know what his rights were if he actually absolutely had to. Or did did have an option not too.
Right now I would really like not to spoil it for kids with this holidays. And ofcourse having to be without car for at least a year ( I don't drive) and then all the financial implications is just devastating
If we ask a court to move date and they refuse, how would it look if he calls sick on the day? We would be abroad then and could call and say he is not in position to fly earlier as we hoped as he is not well enough..
Don't want him to be arrested but need to do something not to spoil it for kids. They don't deserve it , they have been waiting for so long
Please any advice hugely appreciated
My main question at the moment is how to change first hearing date at least by one day? We are meant to be coming back from holidays late night on the date of hearing. I was hoping to at least not disrupt kids holidays and then deal with this all
Husband was stopped at 11pm last night after driving out of mc Donald's drive through, police could smell alcohol but had not breathalyser. Husband said he had 1.5 pints. But he wasn't drunk. He said he was tired as only had 3 hours of sleep last night and was coming from long day at work.
Second police car came, again no breathalyser. They told him he would need to go to police station to have the test. He said "well I have no option do i".
The handcuffed him and took into their car.
In police station he did two readings 60(or 65?) and 72, policeman said its too different so have to do blood test. Husband said OK. When waiting for blood test to be taken he was given a piece of paper with his rights. Husband read that he had to provide specimen by one of the three methods. So he said "I already did" why do I need blood test?" He was actually very anxious of needle and was concerned how hygienic it would be. Has a bit of OCD tbf.
So Husband said "it says here i can have legal advice so I would like to talk to solicitor on what my options are before doing blood test ". Policeman said it doesn't work like that and you are then refusing to provide specific. Husband many times repeated " I'm not refusing I just want to know my options ". So police solicitor rung him, and was very rude. Did not offer any advice. Said somethings along the lines of " you are ****ing idiot, funking drunk". And hanged up on him. Husband was shocked and said this to police officers how can solicitor talk like this. Husband suspects it wasn't solicitor after all,maybe just another police officer acting like one.
After this noone asked for a specimen again. They finished taking his fingerprints and took him into cell where he stayed until morning.
So he hasn't actually refused to provide just was anxious of having his blood taken and wanted to know what his rights were if he actually absolutely had to. Or did did have an option not too.
Right now I would really like not to spoil it for kids with this holidays. And ofcourse having to be without car for at least a year ( I don't drive) and then all the financial implications is just devastating
If we ask a court to move date and they refuse, how would it look if he calls sick on the day? We would be abroad then and could call and say he is not in position to fly earlier as we hoped as he is not well enough..
Don't want him to be arrested but need to do something not to spoil it for kids. They don't deserve it , they have been waiting for so long
Please any advice hugely appreciated
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