Failed to provide the Breath test

[Agyemane]

Sure

 

[WinterSnow]

Sure

How did you get on??

 

[Agyemane]

How did you get on??

Sorry for the late update, I came to a conclusion with my solicitor and plea not guilty so we will have to go to court again on November, my solicitor told me she need to ask for more evidence and that if after the evidence then we will know if I should plea guilty

 

[WinterSnow]

Sorry for the late update, I came to a conclusion with my solicitor and plea not guilty so we will have to go to court again on November, my solicitor told me she need to ask for more evidence and that if after the evidence then we will know if I should plea guilty

Wow! Ok. So what was the charge you pleaded not guilty to? Have they changed it from failure to provide to in charge….?

 

[Agyemane]

Wow! Ok. So what was the charge you pleaded not guilty to? Have they changed it from failure to provide to in charge….?

No still the same fail to provide but my solicitor think maybe the police did not use the right procedures that’s why she said we should request for CCTV and other evidence before and if after she seen the evidence than we can plea not guilty. I don’t know why she wanted to look for CCTV but all I can say is that I leave it to her for her to do their work

 

[WinterSnow]

No still the same fail to provide but my solicitor think maybe the police did not use the right procedures that’s why she said we should request for CCTV and other evidence before and if after she seen the evidence than we can plea not guilty. I don’t know why she wanted to look for CCTV but all I can say is that I leave it to her for her to do their work

I’m not sure what she is looking for procedurally but ok; that’s her job! I hope she’s a local solicitor not one of the cowboys online who promise the earth, drag it out yet still achieve the same outcome.
Sounds also like the “in charge” offence has been denied so really hoping they don’t find you guilty with with the “failure to provide”charge. The sentence and repercussions (especially when your reading was below 85) are way harsher than a simple breath test reading.

 

[Agyemane]

I’m not sure what she is looking for procedurally but ok; that’s her job! I hope she’s a local solicitor not one of the cowboys online who promise the earth, drag it out yet still achieve the same outcome.
Sounds also like the “in charge” offence has been denied so really hoping they don’t find you guilty with with the “failure to provide”charge. The sentence and repercussions (especially when your reading was below 85) are way harsher than a simple breath test reading.

When the prosecutor was reading the statement, police found a drunk guy in his car sleeping and when taking to police station fail to provide specimen. So let see how it goes

 

[Agyemane]

When the prosecutor was reading the statement, police found a drunk guy in his car sleeping and when taking to police station fail to provide specimen. So let see how it goes

I think I’m still facing fail to provide charge so but in charge of a vehicle is different from driving, so she told me if I’m found guilty will have to face 10points or ban and a fin. And she told me to get 2 character references so if anyone can help me with that, will appreciate it or will try check on goggle and edit one myself

 

[Coostietightner123]

I’m not sure what she is looking for procedurally but ok; that’s her job! I hope she’s a local solicitor not one of the cowboys online who promise the earth, drag it out yet still achieve the same outcome.
Sounds also like the “in charge” offence has been denied so really hoping they don’t find you guilty with with the “failure to provide”charge. The sentence and repercussions (especially when your reading was below 85) are way harsher than a simple breath test reading.

My solicitor followed a similar procedure. He was the duty solicitor provided to me at time of arrest. I think it’s common policy now, if there i some ambiguity regarding facts, to plead not guilty initially until your solicitor has had ample time to look at what the police have. Then if the prosecution looks solid, change plea on the date of hearing. That’s what happened to me anyway, even though I wasn’t in fulll agreement. Like you say, the repercussions could have been really bad for me.

 

[Coostietightner123]

I think I’m still facing fail to provide charge so but in charge of a vehicle is different from driving, so she told me if I’m found guilty will have to face 10points or ban and a fin. And she told me to get 2 character references so if anyone can help me with that, will appreciate it or will try check on goggle and edit one myself

Edit one yourself? Cmon fella you’re potentially opening up a massive can of worms there.

 

[Agyemane]

My solicitor followed a similar procedure. He was the duty solicitor provided to me at time of arrest. I think it’s common policy now, if there i some ambiguity regarding facts, to plead not guilty initially until your solicitor has had ample time to look at what the police have. Then if the prosecution looks solid, change plea on the date of hearing. That’s what happened to me anyway, even though I wasn’t in fulll agreement. Like you say, the repercussions could have been really bad for me.

Yea that’s what my solicitor said she wanna see what the police have against me before we plea guilty for me I wanted to plea guilty so we can end the case on that day but as she said so I decided to go with her plan

 

[stu12341234]

My solicitor followed a similar procedure. He was the duty solicitor provided to me at time of arrest. I think it’s common policy now, if there i some ambiguity regarding facts, to plead not guilty initially until your solicitor has had ample time to look at what the police have. Then if the prosecution looks solid, change plea on the date of hearing. That’s what happened to me anyway, even though I wasn’t in fulll agreement. Like you say, the repercussions could have been really bad for me.

Hi,

My solicitor was great and local, she pressed for CCTV and bodycam footage which did not and still has not ever been sent.

Case discontinued, but I knew if I had just gave up and plead guilty I would then have to live with the fact I lied to myself.
I was ready for trial.

Kind regards,




Stu

 

[Agyemane]

Hi,

My solicitor was great and local, she pressed for CCTV and bodycam footage which did not and still has not ever been sent.

Case discontinued, but I knew if I had just gave up and plead guilty I would then have to live with the fact I lied to myself.
I was ready for trial.

Kind regards,




Stu

But going to trail makes it more serious or

 

[stu12341234]

But going to trail makes it more serious or

Hi,

If you loose, bigger ban and fine, that is it.
I had my solicitor and my whole family telling me not to give up.

It was hell....but in the end they gave up albeit 3 days from trial.

Imagine being woken up at 9am from your solicitor to be told it has been discontinued....shock,confused then a overwhelming feeling of relief.

I must of woke the street up shouting something that would be similar if England won the World Cup again.

I have the email that the head prosecution said this....still have yet to frame it.

Very strange feeling but felt great.

Kind regards,




Stu

 

[Polly3]

Also I hope you avoid HRO status

HRO status goes with fail to provide . It’s a hassle, but not the end of the world .

 

[Agyemane]

Hi,

If you loose, bigger ban and fine, that is it.
I had my solicitor and my whole family telling me not to give up.

It was hell....but in the end they gave up albeit 3 days from trial.

Imagine being woken up at 9am from your solicitor to be told it has been discontinued....shock,confused then a overwhelming feeling of relief.

I must of woke the street up shouting something that would be similar if England won the World Cup again.

I have the email that the head prosecution said this....still have yet to frame it.

Very strange feeling but felt great.

Kind regards,




Stu

I hope this happens to my situation

 

[stu12341234]

HRO status goes with fail to provide . It’s a hassle, but not the end of the world .

I hope this happens to my situation

Hi,

This what was sent:

I am writing to inform you that I have today sent a notice to the Justices’ Chief Executive, under section 23 of
the Prosecution of Offences Act 1985, discontinuing the following charges against you/your client:
Fail to provide specimen for analysis - vehicle driver **/07/2020
The effect of this notice is that you/your client no longer need to attend court in respect of these charges and
that any bail conditions imposed in relation to them cease to apply. The decision to discontinue these charges has been taken because there is not enough evidence to provide a
realistic prospect of conviction. This decision has been taken on the evidence and information provided to the Crown Prosecution Service as at
the date of this letter. If more significant evidence and/or information is discovered at a later date the decision
to discontinue may be reconsidered.
In rare cases a decision to discontinue may be reconsidered if a new look at the decision shows that it was
clearly wrong and should not be allowed to stand.

I did no wrong and fought it. I felt like a burdon on my family but I knew and they knew I was not guilty.

If you know you are not guilty, fight!

Kind regards,




Stu

 

[WinterSnow]

Hi,

This what was sent:

I am writing to inform you that I have today sent a notice to the Justices’ Chief Executive, under section 23 of
the Prosecution of Offences Act 1985, discontinuing the following charges against you/your client:
Fail to provide specimen for analysis - vehicle driver **/07/2020
The effect of this notice is that you/your client no longer need to attend court in respect of these charges and
that any bail conditions imposed in relation to them cease to apply. The decision to discontinue these charges has been taken because there is not enough evidence to provide a
realistic prospect of conviction. This decision has been taken on the evidence and information provided to the Crown Prosecution Service as at
the date of this letter. If more significant evidence and/or information is discovered at a later date the decision
to discontinue may be reconsidered.
In rare cases a decision to discontinue may be reconsidered if a new look at the decision shows that it was
clearly wrong and should not be allowed to stand.

I did no wrong and fought it. I felt like a burdon on my family but I knew and they knew I was not guilty.

If you know you are not guilty, fight!

Kind regards,




Stu

Slightly disagree here. You had documentation to prove you couldn’t give blood. The OP was too out of it to provide.
There is no similarity. There are no medical grounds or their solicitor would not be looking for breach of practice and earning their pound of flesh. Looking for CCTV evidence for a police error screams of desperation and a few extra K’s on the bill IMO

 

[Agyemane]

Hi,

This what was sent:

I am writing to inform you that I have today sent a notice to the Justices’ Chief Executive, under section 23 of
the Prosecution of Offences Act 1985, discontinuing the following charges against you/your client:
Fail to provide specimen for analysis - vehicle driver **/07/2020
The effect of this notice is that you/your client no longer need to attend court in respect of these charges and
that any bail conditions imposed in relation to them cease to apply. The decision to discontinue these charges has been taken because there is not enough evidence to provide a
realistic prospect of conviction. This decision has been taken on the evidence and information provided to the Crown Prosecution Service as at
the date of this letter. If more significant evidence and/or information is discovered at a later date the decision
to discontinue may be reconsidered.
In rare cases a decision to discontinue may be reconsidered if a new look at the decision shows that it was
clearly wrong and should not be allowed to stand.

I did no wrong and fought it. I felt like a burdon on my family but I knew and they knew I was not guilty.

If you know you are not guilty, fight!

Kind regards,




Stu

Oh ok but for me I was drunk but was not driving and I didn’t know still now that you can drink and sleep in your car. I have learnt a lot thou

Slightly disagree here. You had documentation to prove you couldn’t give blood. The OP was too out of it to provide.
There is no similarity. There are no medical grounds or their solicitor would not be looking for breach of practice and earning their pound of flesh. Looking for CCTV evidence for a police error screams of desperation and a few extra K’s on the bill IMO

something like that does what my solicitor look for

 

[stu12341234]

Slightly disagree here. You had documentation to prove you couldn’t give blood. The OP was too out of it to provide.
There is no similarity. There are no medical grounds or their solicitor would not be looking for breach of practice and earning their pound of flesh. Looking for CCTV evidence for a police error screams of desperation and a few extra K’s on the bill IMO

Hi,

I agree, but if the solicitor is genuine and they (the client) believe they are innocent fight.

I would of rather had the extra how many months ban and bigger fine. Than knowing I had gave up.

The odds will mostly always be in favour of the Prosecution my own solicitor even said "It is up to you how we move forward".

My MGDD was missing parts also on top of it all.

Drunk and in charge seems a plausable outcome.

Kind regards,




Stu