Failure to produce sample

Convicted Driver Insurance
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WinterSnow said:
Oh Geo22. Do you not think anyone in police custody is feeling tension, physical health, mental health or anxiety??? What you felt was perfectly normal. With all due respect: you are not special as they are normal reactions. If you plan on using that as a defence: you will be laughed out of the Magistrates Court.

The reason the police might have said “you need a solicitor” us because you’ve dug your own grave by not providing a sample. You are more guilty than a drunk driver when it comes to sentencing.

I don’t think you’ve understood yet that by not blowing you’ve caused yourself a heap of problems and non of the excuses you cited above will make any difference to the judge. Get used to the idea that unfortunately you will be prosecuted all because you didn’t follow the law.
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WinterSnow, thanks for the feedback and comments, that is the reason why we are here to learn from experience.

I have a Covid 3 times which I don’t know what it could have caused on my body system. I tried to produced one sample and I did not refused to provide samples. I will need to provide evidence of this by a medical expert or my GP.

Again, if you read my first post, I was traveling to my normal duty, I over took a car that was not driving fast and I saw police hiding on the corner; they followed me for about a mile plus before pulling me over. I asked why I was pulled over and they told me that a member of the reported my car registration to them that I was driving erratically; I asked for the evidence and said to the police that since they followed me, did that noticed fouls in my driving and they said no, but they will act on the action the member of public reported.

So my question is if police failed to provide the call made by member of the public, is not abuse of power and lying?
Do you I have a case defence with this? I believed pulling me over was unlawful if they failed provide that evidence.

Will this be a defence? Again they allowed me to drive my car afterwards. In this case they don’t think that I will be driving erratically.

Lastly, if I will be charged, let the charges be reduced and not to lose my licence.
 
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Geo22 said:
WinterSnow, thanks for the feedback and comments, that is the reason why we are here to learn from experience.

I have a Covid 3 times which I don’t know what it could have caused on my body system. I tried to produced one sample and I did not refused to provide samples. I will need to provide evidence of this by a medical expert or my GP.

Again, if you read my first post, I was traveling to my normal duty, I over took a car that was not driving fast and I saw police hiding on the corner; they followed me for about a mile plus before pulling me over. I asked why I was pulled over and they told me that a member of the reported my car registration to them that I was driving erratically; I asked for the evidence and said to the police that since they followed me, did that noticed fouls in my driving and they said no, but they will act on the action the member of public reported.

So my question is if police failed to provide the call made by member of the public, is not abuse of power and lying?
Do you I have a case defence with this? I believed pulling me over was unlawful if they failed provide that evidence.

Will this be a defence? Again they allowed me to drive my car afterwards. In this case they don’t think that I will be driving erratically.

Lastly, if I will be charged, let the charges be reduced and not to lose my licence.
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WinterSnow said:
Oh Geo22. Do you not think anyone in police custody is feeling tension, physical health, mental health or anxiety??? What you felt was perfectly normal. With all due respect: you are not special as they are normal reactions. If you plan on using that as a defence: you will be laughed out of the Magistrates Court.

The reason the police might have said “you need a solicitor” us because you’ve dug your own grave by not providing a sample. You are more guilty than a drunk driver when it comes to sentencing.

I don’t think you’ve understood yet that by not blowing you’ve caused yourself a heap of problems and non of the excuses you cited above will make any difference to the judge. Get used to the idea that unfortunately you will be prosecuted all because you didn’t follow the law.
Click to expand...
WinterSnow, thanks for the feedback and comments, that is the reason why we are here to learn from experience.

I have a Covid 3 times which I don’t know what it could have caused on my body system. I tried to produced one sample and I did not refused to provide samples. I will need to provide evidence of this by a medical expert or my GP.

Again, if you read my first post, I was traveling to my normal duty, I over took a car that was not driving fast and I saw police hiding on the corner; they followed me for about a mile plus before pulling me over. I asked why I was pulled over and they told me that a member of the reported my car registration to them that I was driving erratically; I asked for the evidence and said to the police that since they followed me, did that noticed fouls in my driving and they said no, but they will act on the action the member of public reported.

So my question is if police failed to provide the call made by member of the public, is not abuse of power and lying?
Do you I have a case defence with this? I believed pulling me over was unlawful if they failed provide that evidence.

Will this be a defence? Again they allowed me to drive my car afterwards. In this case they don’t think that I will be driving erratically.

Lastly, if I will be charged, let the charges be reduced and not to lose my licence.

Again, just saying, for cases like this, mine for an example, tried to produce one sample which is below legal limit; are there no opportunities allowed for someone to produce another sample since they have seen one sample? If not to make money out of the person and to punish the person, cases like mine could be an exceptional.
I believed I’m unlucky in this instance based on the police officers that decided to charged me
May be in the future, my case might bring a change/ amendment in the UK procedure, that is to allow more opportunities if they see that first sample is under limit; then the suspect will be allowed and give more opportunities to try and give the second sample, so it abides to the law that 2 samples are completed.
 
Geo22 said:
WinterSnow, thanks for the feedback and comments, that is the reason why we are here to learn from experience.

I have a Covid 3 times which I don’t know what it could have caused on my body system. I tried to produced one sample and I did not refused to provide samples. I will need to provide evidence of this by a medical expert or my GP.

Again, if you read my first post, I was traveling to my normal duty, I over took a car that was not driving fast and I saw police hiding on the corner; they followed me for about a mile plus before pulling me over. I asked why I was pulled over and they told me that a member of the reported my car registration to them that I was driving erratically; I asked for the evidence and said to the police that since they followed me, did that noticed fouls in my driving and they said no, but they will act on the action the member of public reported.

So my question is if police failed to provide the call made by member of the public, is not abuse of power and lying?
Do you I have a case defence with this? I believed pulling me over was unlawful if they failed provide that evidence.

Will this be a defence? Again they allowed me to drive my car afterwards. In this case they don’t think that I will be driving erratically.

Lastly, if I will be charged, let the charges be reduced and not to lose my licence.
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The police can pull you over for absolutely any reason. It's not possible for it to be unlawful for the police to request you to stop.

If you are convicted, you will be banned and have to pass a medical before getting your licence back.

Edit: and no, imagine if an unlimited number of attempts were given...people would just refuse to blow properly until they were under the limit!
 
JamesH2122 said:
The police can pull you over for absolutely any reason. It's not possible for it to be unlawful for the police to request you to stop.

If you are convicted, you will be banned and have to pass a medical before getting your licence back.

Edit: and no, imagine if an unlimited number of attempts were given...people would just refuse to blow properly until they were under the limit!
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JamesH2122, thanks for the feedback; I am referring to the statement as in my situation. If your first sample is below legal limit and if police trust their machine, they should allow for more opportunities so that two samples are produced.
By the calculations of the machine, the error of margin is not significant. For high degree of calculations, the difference between the two samples are not far from each other, less than 0.005 tolerance.
Therefore, one could extrapolate how much the second sample would be.
In my opinion and I will be appealing for the procedure be amended if first sample is below legal limit and the suspect failed to produce second sample then opportunities to produce second sample will be given so that it will be on the record that the person has completed the 2 samples.

In my case, I believed it is harsh for the conclusion to be made. It is a common sense. Don’t get me wrong.
Police were shocked when they saw that my first sample was 5 micrograms, it is on camera as per their reactions. For them not to look ashamed they decided to punished me and charged me for not producing samples.
 
It seems, from your account, that you failed the "attitude test," which wouldn't have helped - based on the fact you were handcuffed at the roadside, something that from my own experience and that of others isn't really that normal.

You mention you want the procedure to change. Well, you can try but that would be entirely separate from your current court case.
 
JamesH2122 said:
It seems, from your account, that you failed the "attitude test," which wouldn't have helped - based on the fact you were handcuffed at the roadside, something that from my own experience and that of others isn't really that normal.

You mention you want the procedure to change. Well, you can try but that would be entirely separate from your current court case.
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Yes, I was handcuffed at the road side and I asked myself the same question; I complied and tried to produce samples but unfortunately it did not registered; that was the reason I was handcuffed and arrested to try the one in the police station.

I know that my current case now might not change anything at the moment, however, when many people experienced the same situation, procedure may be reviewed and amended.
 
Geo22 said:
WinterSnow, thanks for the feedback and comments, that is the reason why we are here to learn from experience.

I have a Covid 3 times which I don’t know what it could have caused on my body system. I tried to produced one sample and I did not refused to provide samples. I will need to provide evidence of this by a medical expert or my GP.

Again, if you read my first post, I was traveling to my normal duty, I over took a car that was not driving fast and I saw police hiding on the corner; they followed me for about a mile plus before pulling me over. I asked why I was pulled over and they told me that a member of the reported my car registration to them that I was driving erratically; I asked for the evidence and said to the police that since they followed me, did that noticed fouls in my driving and they said no, but they will act on the action the member of public reported.

So my question is if police failed to provide the call made by member of the public, is not abuse of power and lying?
Do you I have a case defence with this? I believed pulling me over was unlawful if they failed provide that evidence.

Will this be a defence? Again they allowed me to drive my car afterwards. In this case they don’t think that I will be driving erratically.

Lastly, if I will be charged, let the charges be reduced and not to lose my licence.
Click to expand...
I’m sorry but I don’t know how many times I have to say this but you are guilty of a crime you have admitted you did! You should have blown the breatherliser.

Failure to Provide is a serious crime.

COVID 3 times is no excuse and you cannot go to GP retrospectively as you had no recognised condition at the time of arrest.

The Police are allowed to pull you at any time. Something about you made them breathalyse you at the scene. They don’t automatically do it that.

Your story does not add up I’m afraid but either way: you have failed to provide. Expect a long ban and a log fight to prove sobriety and the right to your license back.
 
WinterSnow said:
I’m sorry but I don’t know how many times I have to say this but you are guilty of a crime you have admitted you did! You should have blown the breatherliser.

Failure to Provide is a serious crime.

COVID 3 times is no excuse and you cannot go to GP retrospectively as you had no recognised condition at the time of arrest.

The Police are allowed to pull you at any time. Something about you made them breathalyse you at the scene. They don’t automatically do it that.

Your story does not add up I’m afraid but either way: you have failed to provide. Expect a long ban and a log fight to prove sobriety and the right to your license
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Is this guy for real 😳
 
WinterSnow said:
I’m sorry but I don’t know how many times I have to say this but you are guilty of a crime you have admitted you did! You should have blown the breatherliser.

Failure to Provide is a serious crime.

COVID 3 times is no excuse and you cannot go to GP retrospectively as you had no recognised condition at the time of arrest.

The Police are allowed to pull you at any time. Something about you made them breathalyse you at the scene. They don’t automatically do it that.

Your story does not add up I’m afraid but either way: you have failed to provide. Expect a long ban and a log fight to prove sobriety and the right to your license back.
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WinterSnow, thanks for your feedback.
I did not say that I admitted the alleged crime and no time I refused to produced unless when I’m on handcuffs arms infront which made me uncomfortable and I asked the handcuffs be removed before I can breathalyse.

If police are honest, when they saw my first sample reading, they should have allowed me for another opportunities to produce second sample since the law says 2 samples are required.
I’m on about people that blown under the limit first time.
 
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C J 1980 said:
Are we graced by another Internet blogger here or is this guy just completely unreal?

CJ
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CJ, I’m real.

None of you here is a solicitor and I do really appreciate all the feedbacks. With these feedbacks now, I can now know the direction and what I will be expecting.

But none of you have provided the answer I’m expecting based on my case.
 
Geo22 said:
CJ, I’m real.

None of you here is a solicitor and I do really appreciate all the feedbacks. With these feedbacks now, I can now know the direction and what I will be expecting.

But none of you have provided the answer I’m expecting based on my case.
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Your looking for a way out of taking responsibility of what you have done we have heard it all before your excuses are terrible to be honest do yourself a favour just plead guilty take the punishment and get on with your life or I can guarantee if you fight it you will have wasted thousands on a solicitor and your punishment will be alot worse for wasting the magistrates time
 
Geo22 said:
WinterSnow, thanks for your feedback.
I did not say that I admitted the alleged crime and no time I refused to produced unless when I’m on handcuffs arms infront which made me uncomfortable and I asked the handcuffs be removed before I can breathalyse.

If police are honest, when they saw my first sample reading, they should have allowed me for another opportunities to produce second sample since the law says 2 samples are required.
I’m on about people that blown under the limit first time.
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You admitted it on here!!! You failed to provide despite being given ample opportunity.
 
Geo22 said:
CJ, I’m real.

None of you here is a solicitor and I do really appreciate all the feedbacks. With these feedbacks now, I can now know the direction and what I will be expecting.

But none of you have provided the answer I’m expecting based on my case.
Click to expand...
You were expecting to be told you would get off? Unfortunately that is not the case after being charged. The court has to impose a disqualification and you are probably looking at 17 - 28 months for deliberate refusal plus a band C fine. You will be charged as a HRO too and have to gain your license back from the DVLA. On top of this you will have a criminal record which will show on DBS checks for the next 11 years.

Once again I reiterate that you made some silly choices that day I’m afraid.
 
WinterSnow said:
You were expecting to be told you would get off? Unfortunately that is not the case after being charged. The court has to impose a disqualification and you are probably looking at 17 - 28 months for deliberate refusal plus a band C fine. You will be charged as a HRO too and have to gain your license back from the DVLA. On top of this you will have a criminal record which will show on DBS checks for the next 11 years.

Once again I reiterate that you made some silly choices that day I’m afraid.
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Thanks WinterSnow, I wish you will be the Judge on that day? Kind of you always look at a case one sided and never looked at the other side of it based on balance of probability.
I’m glad you are not the judge.
In this world everyone case is treated differently even though they allegedly committed the same offence.
 
WinterSnow said:
You admitted it on here!!! You failed to provide despite being given ample opportunity.
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I did not admitted pal, I produced one sample out of two that are required by law.
A good normal person can judge you on that basis if not looking at something else to hold on.
You can say whatever you want to say, that is your opinion, yes and your opinion is not the same as the Judge.
Because the charge was failed to provide, but I did tell you that I provide one sample and was given not another opportunity to produce the second sample when they saw that the first sample was below legal limit 5 microgram.
In this scenario, I would expect a normal person to allow for more opportunities give that the suspect if asking for that and is recorded on the CCTV.
You are here just conclude your opinion.

What am expecting you to say is for me to pray so that the case wouldn’t go beyond trials and if it is then less punishment.

Again, if you read my post, before the arrest, police told me that a member of the public reported of my diving and I asked for evidence which they failed to disclose to me. What if they found out that police made up the story and stopped me and no evidence is provided, will the stopping be a lawful stop or not??
 
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