Failed to provide the Breath test

Convicted Driver Insurance

NCV

Member
I failed to provide. Which is classed as HRO. I got 20 months, reduced to 15 as did the course, £180 fine. 80 hrs community service and an alcohol tag for 4 weeks.

The tag no one saw, it was off 4 weeks later.
I worked in a local charity shop on a Saturday for 10 weeks. They were lovely in there and I actually felt good, doing a good deed. The time flew by and they actually offered me a full time job after but I already had a good job.

I reckon u will get HRO, so a ban between 20 to 36 months depending on ur results. A fine, and no doubt community service. At first it might seem alot and scary but trust me, a fine is nothing! A tag for a while is nothing, community service is nothing. And a ban is a pain but its not forever. My ban flew by and luckily I had my husband , family and friends to all help out.

From tomorrow I can drive again! 😄


There is light at the end of the tunnel.
 

Dovi88

Member
I failed to provide. Which is classed as HRO. I got 20 months, reduced to 15 as did the course, £180 fine. 80 hrs community service and an alcohol tag for 4 weeks.

The tag no one saw, it was off 4 weeks later.
I worked in a local charity shop on a Saturday for 10 weeks. They were lovely in there and I actually felt good, doing a good deed. The time flew by and they actually offered me a full time job after but I already had a good job.

I reckon u will get HRO, so a ban between 20 to 36 months depending on ur results. A fine, and no doubt community service. At first it might seem alot and scary but trust me, a fine is nothing! A tag for a while is nothing, community service is nothing. And a ban is a pain but its not forever. My ban flew by and luckily I had my husband , family and friends to all help out.

From tomorrow I can drive again! 😄


There is light at the end of the tunnel.
I second the charity shop, i now volunteer in the one I worked in every other Sunday!
 
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BigTom

Well-known member
So the best thing is to let my solicitor go for not to be guilty plea or …?
You can't answer this until you know what the CPS are going with. It is a game of cat and mouse, your solicitor would need to speak to the CPS on the day of your court case and perhaps say to them if they go with a charge of 'in charge', you will plead guilty, if not you will go not guilty and go to trial at a future date. CPS have to take into account the cost to the public purse of a trial, so may accept and go with the in charge - just note however that you can still be banned for an in charge, the starting point however is 10 points and no ban.
 

Agyemane

Member
You can't answer this until you know what the CPS are going with. It is a game of cat and mouse, your solicitor would need to speak to the CPS on the day of your court case and perhaps say to them if they go with a charge of 'in charge', you will plead guilty, if not you will go not guilty and go to trial at a future date. CPS have to take into account the cost to the public purse of a trial, so may accept and go with the in charge - just note however that you can still be banned for an in charge, the starting point however is 10 points and no ban.
If I get 10 points than I loss my driving license because I have had the license for only 1year 4months. Is it any way I can change points for ban, even if they give me 1-3months ban that’s ok with me that to take the theory and practical test again, hmmm I’m really confused
 

WinterSnow

Well-known member
So the best thing is to let my solicitor go for not to be guilty plea or …?
What have you actually been charged with? I don’t think charges can just be changed also you cannot plead not to guilty to Failing to Provide as that is the truth. What has your solicitor actually advised you to do?
If I get 10 points than I loss my driving license because I have had the license for only 1year 4months. Is it any way I can change points for ban, even if they give me 1-3months ban that’s ok with me that to take the theory and practical test again, hmmm I’m really confused
First things first; you need your solicitor to get the charge changed from “Failure to Provide” to the charge of “In charge of a Vehicle”. Definitely speak with them tomorrow. Until you know if this can be done; you’re still looking at the former charge.

On the paperwork they gave you; do you have a road side reading? Also when you say “passed out” do you mean drunk or through illness or injury?. Also what was the circumstance surrounding it? Where were you parked? Had you actually driven anywhere?

If the charge is changed from failure, the prosecution must prove that the amount of alcohol in your blood was above the legal limit and that you were in charge of a vehicle in a public place (hence my query of your reading)

When deciding whether you were in charge of a vehicle, as opposed to being a passenger, for example, the court will consider:

whether you were in the car at the time, and which seat you were sitting in

where the keys were

what you were doing

whether there was any suggestion that you intended to drive the vehicle.

They will also look at mitigating and aggravating factors whilst deciding a sentence but they don’t often make a trade with points/ban time.

To help you as best we can, you need to be honest on here (we don’t judge) 😊
 

Agyemane

Member
I got drunk decided to drive, I drove for 4mins and hit something which still I don’t know than what I remember was telling myself I can’t go that’s when I decide to sleep in the car, so let the police came and was sent to the police station which I try but because I was panicking I couldn’t provide that’s all I remember. After 16hours in the cells later was charge with fail to provide specimen-person in charge of vehicle. Suspected of having been in charge of vehicle and having been required a specimens or specimen of breath for analysis by means of a device of a type approved by the Secretary of State pursuant to section 7 of the road traffic act 1988 in the course of an investigation into whether you Committed an offence under sections 3A45 or 5A therefore fail, without reasonable excuse, to do so contrary to section 7(6) of the road traffic act 1988 and schedule 2 to the traffic offenders act 1988. That was the charge they gave to me at the police station
 

WinterSnow

Well-known member
I got drunk decided to drive, I drove for 4mins and hit something which still I don’t know than what I remember was telling myself I can’t go that’s when I decide to sleep in the car, so let the police came and was sent to the police station which I try but because I was panicking I couldn’t provide that’s all I remember. After 16hours in the cells later was charge with fail to provide specimen-person in charge of vehicle. Suspected of having been in charge of vehicle and having been required a specimens or specimen of breath for analysis by means of a device of a type approved by the Secretary of State pursuant to section 7 of the road traffic act 1988 in the course of an investigation into whether you Committed an offence under sections 3A45 or 5A therefore fail, without reasonable excuse, to do so contrary to section 7(6) of the road traffic act 1988 and schedule 2 to the traffic offenders act 1988. That was the charge they gave to me at the police station
Ok getting somewhere now. Did you manage a breath test at the side of the road?

So you have been charged with
1) In charge of a vehicle whilst over the legal limit
2) Failure to provide.

Two charges.

I’m sorry this isn’t looking great plus the aggravating factor that you hit something. 16 hours in the cells also suggests you were way over.
 

Agyemane

Member
Ok getting somewhere now. Did you manage a breath test at the side of the road?

So you have been charged with
1) In charge of a vehicle whilst over the legal limit
2) Failure to provide.

Two charges.

I’m sorry this isn’t looking great plus the aggravating factor that you hit something. 16 hours in the cells also suggests you were way over.
The police left a note in my pocket where my car was and on that paper I have O/S 61 so I’m thinking that’s what the road side reading was, for
Ok getting somewhere now. Did you manage a breath test at the side of the road?

So you have been charged with
1) In charge of a vehicle whilst over the legal limit
2) Failure to provide.

Two charges.

I’m sorry this isn’t looking great plus the aggravating factor that you hit something. 16 hours in the cells also suggests you were way over.
 

Agyemane

Member
The police left a note in my pocket where my car was and on that paper I have O/S 61 so I’m thinking that’s what the road side reading was, for
Yea 2 charges but I had an email from my solicitor say that the officer that arrested me said I wasn’t able to stand but they said I wasn’t driving
 

Agyemane

Member
Yea 2 charges but I had an email from my solicitor say that the officer that arrested me said I wasn’t able to stand but they said I wasn’t driving
1. I was drunk
2. Sleep while the keys in my pocket at the drivers seat
3. I hit something
4. I don’t remember my readings at the road side
 

WinterSnow

Well-known member
Unfortunately I think you are going to get Failure to Provide plus Drunk in Charge too then. I’d be very surprised if not.
The CPS will argue you drank enough 4 minutes away from your home to be into comprehensive to 1) provide a sample, 2) to wake up (without a medical conditional excuse and 3) remember any of it. You obviously also drink drove too.

Aggravating factors.
You hit something
You were unconscious
You had the keys on your possession
You have memory loss.
You were too drunk to provide and spent 16 hours in the cells.

Mitigating factors.
You weren’t found driving
You were 4 minutes away from your home.

I would speak with your solicitor tomorrow but prepare yourself for the fact you may have lost your license for a long time plus have a HRO status. The fact you are a new driver will not go in your favour and you were nearly double the limit. I hope things aren’t as bad as I fear they might be.

Dress smartly on Monday and be polite and respectful. DO NOT make excuses. Write a letter of apology and if you plead guilty; be remorseful. It’s not the end of the world but life will be very different for a while especially when you get a criminal record.
 

WinterSnow

Well-known member
Oh ok but I’m look at more than 2years ban and points as well
Possibly. If you get the ban; I don’t think you’ll get points. Ring your solicitor in the morning and formulate a plan. Expect a fine and community service though. As others have said: the community service may actually be quite enjoyable.
You cannot change the past but you can build a new start. You’ve made a mistake that’s all and hopefully your solicitor will get you the best outcome.
Let us know what your solicitor advices and try and get some rest to be on fighting form for your court appearance x
 

WinterSnow

Well-known member
Possibly. If you get the ban; I don’t think you’ll get points. Ring your solicitor in the morning and formulate a plan. Expect a fine and community service though. As others have said: the community service may actually be quite enjoyable.
You cannot change the past but you can build a new start. You’ve made a mistake that’s all and hopefully your solicitor will get you the best outcome.
Let us know what your solicitor advices and try and get some rest to be on fighting form for your court appearance x
Also I hope you avoid HRO status 🤞🏻
 

WinterSnow

Well-known member
I’m sorry but it’s better to be prepared than shocked. I hope you get the best outcome which would be 10 points, a fine and the unfortunate criminal record however as you say; that would mean you lose your license anyhow. All scenarios seem to point to one outcome. Please let us know how you get on 👍🏻
 
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