Charged with Failing to provide but husband didnt refuse to provide, just asked for legal advice before he does

[okcana86]

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

 

[Martin Hammond]

Good afternoon,

Firstly, with regards to moving the date, the Courts are pretty good if you have tickets for flights. Usually, your solicitor would sort this as the Courts can be quite difficult to deal with, but there is no harm in you doing this work yourself. If he 'called in sick,' usually a warrant would be issued, and he would be arrested upon his return and placed into custody until he can be brought before the next Court. Obviously, I would not recommend this.

As to whether he would have a defence it would depend on a more in-depth investigation of the procedure. If indeed it was not a lawyer and was in fact was a police officer, it would be a very serious breach in procedure, but the defence of needle phobia itself is very difficult to run successfully.

I hope this helps

Kind regards
Martin.

 

[okcana86]

Thank you, if the conversation with solicitor is nor recorded it would be almost impossible to prove who it was and what was said right?

If husband blew 65 and 71, would that automatically mean police officer had no right to ask for extra blood test? Or they still have discretion?

Many thanks for your help

 

[Martin Hammond]

65 and 71 should be okay. No need for blood unless the machine had a fault.

The conversation would usually be on CCTV so you would ask for that if you ran a trial.

 

[okcana86]

Thank you, could i please ask if doctor letter from Ukraine explaining that Husband has fear of needles would be admissible? Husband is from Ukraine, and although he lived here for 20 years, he always visited doctor in Ukraine when travelling there. He is scared of needles and medics in general. So hasn't been to UK go in around 10 years. Do you think it's worth trying to prove fobia of needles using medical evidence from Ukraine? Or would that be frowned upon and not believed? What type of translation would it need?

Many thanks for your help

 

[Martin Hammond]

No a letter would not be enough. You need a UK based expert who is willing to attend Court.