Failing to provide a sample

Convicted Driver Insurance

Lockdown Larry

New member
So I was arrested sitting in my parked car on my driveway. Engine off and no key in ignition. I had been driving whilst I had drink in my system, the reason the police turned up at my door was because I had an altercation with another guy in a Sainsbury local 500 meters from where i live. I made a comment about the guy not wearing a mask after he sneezed as I was walking past him. This escalated and punches were thrown and I actually hit the ground at some point.

I then drove off so someone must of gave my details to the police and they arrived at my house.

I was breathalyzed but the office could not get a reading so was arrested and taken back to the police station. I wasn't checked by a nurse and at no point was I interviewed. When i was taken into get breathalyzed I ridiculously pretended to faint and at that point the Police office said right thats it failing to give a sample even though when I got up I said I would take the test. a few hours later I was then taken to Hospital by the police as a precaution and the Dr confirmed that she could feel lumps on my head but that I was no longer suffering from concussion and was free to leave the hospital. I was then taken back to the station and was told that I would be seen by a nurse before I could leave, anyway that never happened so at no point was I seen by a nurse whilst in custody. I was then charged with driving a vehicle (no mention of alcohol) and that i failed to give a sample without a reasonable excuse.

So these are my questions.
Has the drink driving element been excluded even though it was obvious that I had had a drink?
Does the fact that I wasnt assessed by a nurse mean that they cant confirm if I was injured and therefore wernt in a position to say that I was indeed faking the fainting. Also having a Dr confirm that I have head injuries mean that I could of had concussion. if CCTV/body cams are checked im sure you could tell i was intoxicated but is this enough proof. Also even if I faked the fainting does that on its own enough to say that I refused to do a sample even though i said i would when i stood backup.
 

Martin Hammond

Solicitor
Good evening,

Firstly, yes the drink element of this offence is gone. The Court understand the position but the charge is failing to provide the sample when required.

As to a defence it is difficult as you accept that you were faking. You cannot lie on the stand so you cannot present a defence of you being incapable, and the fact that you agreed to do it when you got up wont really help as the opertunity had passed. What they did need to do is warn you twice of the consequences of failing to provide. If they failed to do this you must secure the CCTV as soon as possible as it could be a defence.

Other than that it sounds like a guilty plea would be the way to go.

King regards
Martin.
 

Lockdown Larry

New member
Many thanks. Is it not for them to prove I was faking it though? and as I had head injuries does this not add weight to that it is possible i could of fainted. I cant remember if he did warn me twice, as far as I am aware I faked the fainting and he said thats it failure to do a sample, So he might of done it once max if not at all. How do I request the CCTV? I am not having a solicitor so do I need to request the evidence file to be sent to me? And am I entitled to this?
 
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