Failed to provide the Breath test

Convicted Driver Insurance

Friday13

New member
Hello everyone. Thank you for this forum, it was really helpful.
I m failed to provide a breath test at the police station. I tried to blow but was too panicking to provide. I was sick and vomited on the morning before been caught and was sick after the test. A nurse came to see me, but no comments. I don't have any medical conditions to fail the test.
I know I m looking for the ban from 12 to 36. It's my first offence. I had road side test 57 in breath and I have got record of Incomplete specimens ( 036, 034 and 030 with duration and volume in liters).
I had 2 passengers in the car and a member of public phoned the Police.
My question is - how they will define my level of intoxication? There were no accidents or damages to my car. I did not look drunk and genuinely try to provide the sample. Will they take in account my road side test and partial reading from incomplete specimen. Shall I mention those reading at the court... Or everyng I could now is just look guilty and apologize. I m going to plead guilty.
 

WinterSnow

Well-known member
Hello everyone. Thank you for this forum, it was really helpful.
I m failed to provide a breath test at the police station. I tried to blow but was too panicking to provide. I was sick and vomited on the morning before been caught and was sick after the test. A nurse came to see me, but no comments. I don't have any medical conditions to fail the test.
I know I m looking for the ban from 12 to 36. It's my first offence. I had road side test 57 in breath and I have got record of Incomplete specimens ( 036, 034 and 030 with duration and volume in liters).
I had 2 passengers in the car and a member of public phoned the Police.
My question is - how they will define my level of intoxication? There were no accidents or damages to my car. I did not look drunk and genuinely try to provide the sample. Will they take in account my road side test and partial reading from incomplete specimen. Shall I mention those reading at the court... Or everyng I could now is just look guilty and apologize. I m going to plead guilty.
Unfortunately you will fall into the HRO category for failing to provide; this means after your sentence you will not be automatically given your license back and will need to follow the DVLA procedures which can be a nightmare. In addition having passengers in the car will be seen as an aggravating factor. Certainly seek advice of the Duty Solicitor in court who may be able to keep the sentencing lower, dress smartly and definitely write a letter of apology.
 

Agyemane

Member
I have the same, fail to provide specimen-person in charge of vehicle. I pass out and I don’t know what happen at the road side or at the police station but all I know is I did not and I have to go to court,
My question is there anything the police will have let me know in about my case because for me I was in the cells for like 16hours got bail and giving a paper saying fail to provide……. I am so scared that I can’t eat nor sleep
 

Agyemane

Member
Unfortunately you will fall into the HRO category for failing to provide; this means after your sentence you will not be automatically given your license back and will need to follow the DVLA procedures which can be a nightmare. In addition having passengers in the car will be seen as an aggravating factor. Certainly seek advice of the Duty Solicitor in court who may be able to keep the sentencing lower, dress smartly and definitely write a letter of apology.
Please have you been to court yet?
 

WinterSnow

Well-known member
Please have you been to court yet?
I’m sorry you’re so scared. When you say you passed out, how long did that last and where were you? It sounds like you were found unconscious but in a car with the keys in your possession? You must have been alert enough to fail the road side breatherliser however what was your reasoning for failing to provide? They would have offered you the test. What did you blow at the roadside? Did you hit anything? Did you have any passengers etc?

Yes I went to court. I tried to commit suicide and was found at the side of the road 120 paracetamol in and a bottle of wine later. I didn’t drink drive. I cooperated and was arrested but taken straight to hospital where I spent many days. I received a letter in Nov 2020, in charge of a vehicle, pleaded not guilty in Feb 21 and the case was dropped by the CPS 2 days before my trial in August 21.
 

stu12341234

Well-known member
I’m sorry you’re so scared. When you say you passed out, how long did that last and where were you? It sounds like you were found unconscious but in a car with the keys in your possession? You must have been alert enough to fail the road side breatherliser however what was your reasoning for failing to provide? They would have offered you the test. What did you blow at the roadside? Did you hit anything? Did you have any passengers etc?

Yes I went to court. I tried to commit suicide and was found at the side of the road 120 paracetamol in and a bottle of wine later. I didn’t drink drive. I cooperated and was arrested but taken straight to hospital where I spent many days. I received a letter in Nov 2020, in charge of a vehicle, pleaded not guilty in Feb 21 and the case was dropped by the CPS 2 days before my trial in August 21.
Hi,

You can check my story on here, I had no car and went back on foot....all sorted then detained by a of duty after the fact.

Mine too was dropped but 3 days from trial.

Hope you are all well.

Kind Regards,




Stu
 

Agyemane

Member
Hi,

You can check my story on here, I had no car and went back on foot....all sorted then detained by a of duty after the fact.

Mine too was dropped but 3 days from trial.

Hope you are all well.

Kind Regards,




Stu
So you did not go to court? I was charged with fail to provide specimen- person in charge of vehicle, but they did not told me what happened because I was too drunk and felt at sleep in car so don’t really know what happened, how will I get to know more facts again me before going to court on 28
 

stu12341234

Well-known member
So you did not go to court? I was charged with fail to provide specimen- person in charge of vehicle, but they did not told me what happened because I was too drunk and felt at sleep in car so don’t really know what happened, how will I get to know more facts again me before going to court on 28
Hi,

Yes I also got charged with fail to provide but it was not roadside breath tested just sent straight to the station, I made my 1st appreance at court plead not guilty (I did have a solicitor, she was amazing but told me face to face I had grounds to win!).

My story is on here.

Took 3 month to goto trial. 3 Days from trial the prosecution discontinued because of lack of evidence.

I had no car. It was at home. I had already resolved the matter. I sat my interview with no solicitor but was offerd one. Told the truth but spent a while in a cell.

Even got a lift home off the same officers that locked me up...go figure.

Kind Regards,,




Stu
 

Agyemane

Member
You story look like mine too but I don’t have solicitor can you give me your solicitor number or something, so did they really told you what happened when you went to court because I’m trying to figure out what to say at court,
 

WinterSnow

Well-known member
You story look like mine too but I don’t have solicitor can you give me your solicitor number or something, so did they really told you what happened when you went to court because I’m trying to figure out what to say at court,
So did you not give a sample at the roadside?
 

WinterSnow

Well-known member
Hi,

Yes I also got charged with fail to provide but it was not roadside breath tested just sent straight to the station, I made my 1st appreance at court plead not guilty (I did have a solicitor, she was amazing but told me face to face I had grounds to win!).

My story is on here.

Took 3 month to goto trial. 3 Days from trial the prosecution discontinued because of lack of evidence.

I had no car. It was at home. I had already resolved the matter. I sat my interview with no solicitor but was offerd one. Told the truth but spent a while in a cell.

Even got a lift home off the same officers that locked me up...go figure.

Kind Regards,,




Stu
Tbh your case is different though. Your GP confirmed a needle phobia and the breath machine wasn’t working; they really had no choice but to drop it!
 

stu12341234

Well-known member
You story look like mine too but I don’t have solicitor can you give me your solicitor number or something, so did they really told you what happened when you went to court because I’m trying to figure out what to say at court,
Hi,

Feel free to PM me I can provide the details of who backed my side. At court I only had to confirm my name etc and then my plea.
It was a long process but I fought and won.

Kind Regards,




Stu
 

Agyemane

Member
Hi,

Feel free to PM me I can provide the details of who backed my side. At court I only had to confirm my name etc and then my plea.
It was a long process but I fought and won.

Kind Regards,




Stu
Oh ok
So what’s the next step because I have court on next week Monday and I wanna plea guilty because although I wasn’t driving I was drunk and found sleeping in my car at the front seat too. I have gotten a solicitor who told me I’m look for 10points and 1-3 months ban but hmm my problem is I have had the licence for only 1year 4months meaning my license will be revoked and I have to retake the test again both theory and practicals. How will I avoid this?????
 

stu12341234

Well-known member
Oh ok
So what’s the next step because I have court on next week Monday and I wanna plea guilty because although I wasn’t driving I was drunk and found sleeping in my car at the front seat too. I have gotten a solicitor who told me I’m look for 10points and 1-3 months ban but hmm my problem is I have had the licence for only 1year 4months meaning my license will be revoked and I have to retake the test again both theory and practicals. How will I avoid this?????
Hi,

If your solicitor can get you away with drunk and in charge instead of failing to provide you will loose your license either way BUT failing to provide will land you in the HRO category which will mean a medical at the end of your ban & jumping through the hoops to regain your license. Retaking your test and theory I would imagine getting your license back will be somewhat faster.

Kind regards,




Stu
 

Agyemane

Member
Hi,

If your solicitor can get you away with drunk and in charge instead of failing to provide you will loose your license either way BUT failing to provide will land you in the HRO category which will mean a medical at the end of your ban & jumping through the hoops to regain your license. Retaking your test and theory I would imagine getting your license back will be somewhat faster.

Kind regards,




Stu
So I should tell my solicitor to go for a guilty
 

BigTom

Well-known member
So I should let my solicitor plea for guilty for drunk in charge of vehicle not failing to provide right but can he turn the charge into that?
If you go guilty for 'in charge' (if the CPS offer this to your solicitor or he can persuade them to go this route) you MAY get away with 10 points and no ban. As Stu says however, if you are found guilty of failure to provide, you are looking at an automatic ban, and you will be classed as HRO meaning you will need a medical before your licence is renewed once the ban ends.
 

Agyemane

Member
If you go guilty for 'in charge' (if the CPS offer this to your solicitor or he can persuade them to go this route) you MAY get away with 10 points and no ban. As Stu says however, if you are found guilty of failure to provide, you are looking at an automatic ban, and you will be classed as HRO meaning you will need a medical before your licence is renewed once the ban ends.
So the best thing is to let my solicitor go for not to be guilty plea or …?
 
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