Failed to provide the Breath test

Convicted Driver Insurance
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
It’s unfortunate that the Magistrates and Sheriff’s courts have long been known as “Prosecution courts” where the word of law enforcement is “god like”
I actually remember being in court some years ago for a traffic collision, I unequivocally proved beyond doubt that the testimony of an off duty police officer (witness for prosecution) was at best lying. I proved without doubt she had no clear line of sight of the accident and could not and should not offer an opinion on the cause of the accident.
And guess what, I was found guilty lol I’d say “you couldn’t make this shit up” but they did?
Even the public prosecutor spoke to me privately afterwards and praised me for my defence and said I should maybe consider a career change and study law, but told me “you were never going to win”
Sadly they are a big club, a bit mafia like. This is what we are up against. The solicitors know this, and try not to defend us, but to plead guilty and mitigate punishments.
 
I refused also the offence was driving or attempting to drive then failing to provide specimen. Bans up next week I applied two weeks ago. Kicking myself I didn’t sooner. Can I ask what the medical consists of please? Also i can take or leave drink so levels im not worried about or any probs with my Gp With relation to drink. I can drink once a month socially any guidance on units if say I had 4 double vodkas? At a sitting? Is this a problem? Or a wrong answer? I see some should say be honest. Some say why give them a stick to poke you with. Iv seen some say two pints a week and it’s been fine. Thanks also is eye test involved do they use machines (phobia of those that get right close!) 😩 or is it a finger test type for visual feild sort and a board with letters on a 20m as that’s fine.
 
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Is it possible to go to prison for failing to provide specimen? Because I’m till scared of prison, because I told my solicitor that I wanna change my plea from not guilty to guilty and he is talking about me going to prison, because the police officer said I was highly intoxicated and deliberately fail to provide. I have pay a lot already and wanna give up but prison sentence will let me loss everything, job, family and my visa as well because I’m on pre settle. I’m too scared
 
Is it possible to go to prison for failing to provide specimen? Because I’m till scared of prison, because I told my solicitor that I wanna change my plea from not guilty to guilty and he is talking about me going to prison, because the police officer said I was highly intoxicated and deliberately fail to provide. I have pay a lot already and wanna give up but prison sentence will let me loss everything, job, family and my visa as well because I’m on pre settle. I’m too scared
You will NOT go to prison. Everyone on here will tell you the same.
Please decide in your heart what you have done and be honest to yourself first.
You may be charge as a high risk offender (HRO) but that is all.
I’m sorry your solicitor mentioned prison. That seems cruel.
I’ve been following your case and I can see 3 options:
1) charged for failure to provide
2) charged for drunk in charge
3) dismissed for FTP on lack of evidence.

What makes you want to plead guilty now?
All along you have denied culpability?
 
Because I did said I was too drunk and don’t know what really went on at the police station and that’s why I wanna plea guilty so I can get my sentence and can move from there. I did fail to provide because I tot I wasn’t driving that’s why I did not provide and I knew I was going to be over the limit little did I know like I have provide the story will have been different now. My solicitor still wants to hold on with not guilty plea and it’s is costing already because since I have pay almost £2000 and still have to go to second count hearing again and than to trials which I have to pay again.
 
Because I did said I was too drunk and don’t know what really went on at the police station and that’s why I wanna plea guilty so I can get my sentence and can move from there. I did fail to provide because I tot I wasn’t driving that’s why I did not provide and I knew I was going to be over the limit little did I know like I have provide the story will have been different now. My solicitor still wants to hold on with not guilty plea and it’s is costing already because since I have pay almost £2000 and still have to go to second count hearing again and than to trials which I have to pay again.
Which ever way it goes you can be sure your solicitor won’t lose out. What gives your solicitor the confidence to plead not guilty? Or does he just see the second court date as a cash cow. Apologies for being so cynical, but I know what a treacherous bunch they can be. Not all of them, just my own personal experience
 
Which ever way it goes you can be sure your solicitor won’t lose out. What gives your solicitor the confidence to plead not guilty? Or does he just see the second court date as a cash cow. Apologies for being so cynical, but I know what a treacherous bunch they can be. Not all of them, just my
 
Yes I think so they wanna cash out and still want me to plea guilty, what’s wrong with if I want to plea guilty at this stage or is not possible. Because I have been read a lot here and even if they ban me for months which I don’t know I can prepare my life towards that but going back and forth with court issues I don’t like.
 
Yes I think so they wanna cash out and still want me to plea guilty, what’s wrong with if I want to plea guilty at this stage or is not possible. Because I have been read a lot here and even if they ban me for months which I don’t know I can prepare my life towards that but going back and forth with court issues I don’t like.
Ok. Deep breath. Pause. And Breathe.

You have to consciously make a decision now of what actually happened.

No one on this site will judge, criticise or berate you. We are here to help.

You are jumping from one idea to another in panic mode and paying a solicitor to facilitate that.

None of us were there at the time. You know what happened. You appear to be causing yourself distress which isn’t nice to see or read.

Why are you paying a solicitor so much who wants you to plead guilty when you thought early on they were fighting a not guilty charge? Or an “in charge” offence?

I worry you are putting yourself through so much distress right now. Please know we are here for you
 
Ok. Deep breath. Pause. And Breathe.

You have to consciously make a decision now of what actually happened.

No one on this site will judge, criticise or berate you. We are here to help.

You are jumping from one idea to another in panic mode and paying a solicitor to facilitate that.

None of us were there at the time. You know what happened. You appear to be causing yourself distress which isn’t nice to see or read.

Why are you paying a solicitor so much who wants you to plead guilty when you thought early on they were fighting a not guilty charge? Or an “in charge” offence?

I worry you are putting yourself through so much distress right now. Please know we are here for you
I told them on the first day I wanted to plea guilty and get my ban or points or fine and they did convince me to change to not guilty at least for them to come for second hearing and take another money and now I have to go court again in November for second hearing and I’m telling them is enough I’m not going to trails because where I see things I see it not going well with me and wanna plea guilty and then get what they will give me and start plan my new life
 
Is it possible to go to prison for failing to provide specimen? Because I’m till scared of prison, because I told my solicitor that I wanna change my plea from not guilty to guilty and he is talking about me going to prison, because the police officer said I was highly intoxicated and deliberately fail to provide. I have pay a lot already and wanna give up but prison sentence will let me loss everything, job, family and my visa as well because I’m on pre settle. I’m too scared
When I pleaded guilty to fail to provide (and I was guilty ) the prosecution account was really mild. No gruesome details to make it worse . I was worried as , to my shame, I was so drunk I could barely stand up . I can’t even remember getting in the police car . You must plead according to what you feel is true , but if you plead NG, obviously they are going to present evidence that the prosecution feels supports their case i.e re your state of intoxication as they saw it . You will not go to prison for a fail to provide .
 
I think you need an unbiased opinion on your case and not what your solicitor is telling you. Not a chance of prison. But failure to provide will put you as hro and lose your license. The longer it gets dragged out ultimately the more it will cost you in money and mental health. Bite the bullet. You did wrong. We all did wrong
That's why we are here.
 
I think you need an unbiased opinion on your case and not what your solicitor is telling you. Not a chance of prison. But failure to provide will put you as hro and lose your license. The longer it gets dragged out ultimately the more it will cost you in money and mental health. Bite the bullet. You did wrong. We all did wrong
That's why we are here.
A very valid comment. I fear the OP has fallen foul of one of the online DD “specialists” who promise the earth but at a cost. 😞
 
You did wrong. We all did wrong
That's why we are here.
Not all of us. I simply fell victim to medication prescribed by my psychiatrist that resulted in falling asleep at the wheel and having a minor collision with a central reservation barrier. Unfortunately for me my GP ticked the box for misuse of alcohol on the DVLA report and my licence was revoked for six months. I did not drink and drive (breath test was negative when the police turned up at my house just as I arrived home after the accident), I simply drink more than the government guidelines and this was enough justification for the DVLA to revoke my licence.
 
Not all of us. I simply fell victim to medication prescribed by my psychiatrist that resulted in falling asleep at the wheel and having a minor collision with a central reservation barrier.
Driving whilst impaired by drugs is an offence in the UK, and that offence (Section 4 of the Road Traffic Act) applies even if the drug in question is prescribed. Even if you prove you used the drug exactly as directed. So I have to tell you that legally speaking you did do wrong.

As a matter of fact a six month revocation is light as if you had been charged with Section 4 and convicted you would have had a criminal record and a minimum 12 month disqualification.
 
Lose the solicitor and plead guilty, it sounds like the solicitor in question is highly suspect and instrumental in making the whole process way worse for you and way more profitable for him.
Good luck and please try to get the idea of prison out of your head - wont happen.
 
Lose the solicitor and plead guilty, it sounds like the solicitor in question is highly suspect and instrumental in making the whole process way worse for you and way more profitable for him.
Good luck and please try to get the idea of prison out of your head - wont happen.
Totally agree.
 
Same advice.

Ignore these people (the miracle lawyers I mean). They are evil. They are playing on your distress and weakened state of reason, to offer you something that they cannot guarantee in 99% of cases. And getting very fat off it.

They probably justify it by typecasting us the way I typecast them. But what they are offering is a sham, so you shouldn’t fall for it.

But neither should you feel guilty. These people are easy to be lured in by. I did what many do on here and panicked. I phoned around loads of places. It wasn’t until I realised how keen they were to want the cash before the promises I began to realise, and they kept - in a very friendly way of course - calling me back (always the first tell of a conman).

It wasn’t until I got to the third such example - who despite marketing himself as the same is either the most honest in his field, or the best at rejecting business(!) - who told me pretty much straight that he could help if I’d pay him enough, but that basically I was wasting my time and money. It was brutal but I really respected his honesty. I recall him saying through the haze that if Wayne Rooney and Ant McSlaphead can’t get off, what makes me think I can. DUIs are incredibly common, and the prosecution and court process is slick. They don’t make errors; they’ve all been made and learned from. I really respect that guy, he was an Irish fella if I recall. You don’t meet too many honest lawyers.

Even on the day I had these clowns calling me, begging me to plead not guilty and get my lawyer to work with them. No thanks. The desperation revealed the con to me.

So best either just to go with a local brief as I did, who was good at arguing a big fine instead of CS, or even better option is to save your cash altogether and go with the Duty Solicitor. Even though I was happy with my brief and he got largely what I wanted; upon reading this site since I doubt now that what I’ve credited him with couldn’t have been done to equal success by the DS.

I’ve read of some remarkable cases on here where the DS has played a blinder. Save your cash, cut the mental strife dead in one go and sack your brief. Instruct the DS on the day, plead incredible remorse and say you were conned by an ambulance chaser, and move on with your life. Trust me, they will actually respect your honesty rather than your excuses. :)

Like so much in life, you’ll start to feel much better when you deal with this in the right way, rather than the wrong way. :)
 
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So can I just go there alone on the second hearing without letting them go with me, which means I’m not gonna pay them for my second hearing. Because now they are waiting for me to pay 1300£ for second hearing and still went me to go plea not guilty so we can go for trials and will have to pay another money again which I don’t even know? I met them online thou after taking 785£ For the first hearing and now 1300£. This is too much and I was drunk thou but wasn’t driving was found at sleep in my car and then fail to provide. I just wanna plea guilty and face my ban, fine or whatever it comes with
 
So can I just go there alone on the second hearing without letting them go with me, which means I’m not gonna pay them for my second hearing. Because now they are waiting for me to pay 1300£ for second hearing and still went me to go plea not guilty so we can go for trials and will have to pay another money again which I don’t even know? I met them online thou after taking 785£ For the first hearing and now 1300£. This is too much and I was drunk thou but wasn’t driving was found at sleep in my car and then fail to provide. I just wanna plea guilty and face my ban, fine or whatever it comes with
Yes typical on line lawyers that scam people into believing they can get them off when they can’t. Tell them you no longer want to proceed (they may still try and invoice you though) and that you will plead guilty in November. Don’t forget you are still entitled to free advice from the Duty Solicitor on the sat if they have time.
 
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