Failure to provide specimen without reasonable excuse 😔

Convicted Driver Insurance
Hi,

This is exactly what I would suggest, find a local firm if possible and within said firm find the best one that deals with DD convictions, that's what I did she was great! I won (Albeit felt like hell awaiting trial) I also had 3 attempts but one I blew mouth alcohol which also cannot be used.

But they wanted blood which is well documented by my GP that I have never gave a blood sample. A finger prick fine, in my veins no way still to this day.

Keep your head up.

Kind regards,




Stu
Husband in similar situation to yours and I see you won, so would greatly appreciate if you could share your solicitor details 🙏 have private messaged you on here
 
So my court case is this afternoon… and still in two minds what to plea

Just spoken to my solicitor who has received the police report and the police are saying that I was given four attempts at station and not the three I was actually given! I managed a reading of 41 on the third attempt but wasn’t offered a fourth, which could’ve made this a different charge entirely.

I thought court was all about fairness and justices… yet here the police are lying and CCTV will no doubt back this up.

I’m going to see if it’s possible to change the charge to DD instead of FTP due to the reasons above and plead guilty to that instead as I really feel I’ve been stitched up here..
 
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So my court case is this afternoon… and still in two minds what to plea

Just spoken to my solicitor who has received the police report and the police are saying that I was given four attempts at station and not the three I was actually given! I managed a reading of 41 on the third attempt but wasn’t offered a fourth, which could’ve made this a different charge entirely.

I thought court was all about fairness and justices… yet here the police are lying and CCTV will no doubt back this up.

I’m going to see if it’s possible to change the charge to DD instead of FTP due to the reasons above and plead guilty to that instead as I really feel I’ve been stitched up here..
The CCTV can’t lie and I don’t know why the police would either on this. I hope today goes ok for you.
 
So my court case is this afternoon… and still in two minds what to plea

Just spoken to my solicitor who has received the police report and the police are saying that I was given four attempts at station and not the three I was actually given! I managed a reading of 41 on the third attempt but wasn’t offered a fourth, which could’ve made this a different charge entirely.

I thought court was all about fairness and justices… yet here the police are lying and CCTV will no doubt back this up.

I’m going to see if it’s possible to change the charge to DD instead of FTP due to the reasons above and plead guilty to that instead as I really feel I’ve been stitched up here..
They will probably argue you could have also provided a reading on the first two as well as the fourth and will question why. They are a very cynical bunch, and will automatically assume this is an attempt to evade prosecution. I do hope you get a favourable outcome though 🤞
 
They will probably argue you could have also provided a reading on the first two as well as the fourth and will question why. They are a very cynical bunch, and will automatically assume this is an attempt to evade prosecution. I do hope you get a favourable outcome though 🤞
To be fair they're pretty much right in drawing that conclusion as there's no reason other than severe breathing issues that would prevent anyone from providing an adequate breath sample on those machines.
 
To be fair they're pretty much right in drawing that conclusion as there's no reason other than severe breathing issues that would prevent anyone from providing an adequate breath sample on those machines.
Agreed. I was being diplomatic. In the beginning we all clutch at straws and look for an angle. The quicker you become settled in the knowledge that you almost certainly WILL be prosecuted, and fess up to what has happened, the sooner things start to get better. For some that journey of reality takes longer than others.
 
Hi,

The feeling of Anxiety alone can make you struggle to breathe, couple that with alcohol will make it even harder.
The machine itself does need a hell of a good blow to register from my experience.

At a reading of 41 which is only 6 points over (but still over) I would get a solicitor.

Fail to provide seems harsh in your case.

Kind regards,




Stu
 
Well I went to court and asked my barrister to speak to the prosecution beforehand and see whether it was a possibility to change the charge to a drink drive charge and I would plead guilty… as I full accept the consequences of drinking and driving.

Unfortunately this was denied on the grounds that the station breath results where inconclusive.. I’ve pleaded not guilty and have been given a trial date for March. This gives more time for solicitor to check CCTV / body cam evidence to ensure the proper procedures where followed, as I feel at this point the police are not being honest.. some folk might think I’m just trying to get off with this and kidding myself but at this point I need to give myself a fighting chance as I find the FTP totally unfair
 
What were the reasons for you failing to provide on the first two occasions?
Just couldn’t get a reading on the machine.. felt very different to the roadside machine and I found it difficult in between crying and trying to compose myself but managed to do so on the third attempt…

What’s irking me is the fact the police are saying that I failed three attempts but gave a reading of 41 on the fourth. Why would they bother to give me a fourth attempt when I’d already failed the three? Just doesn’t make sense.

All I know is they never offered a forth go, even when the female officer in the room asked if I got another attempt to get a second specimen.. not sure whether this would even have any bearing on the case but it proves the police are being dishonest as a forth attempt could potentially have given me the opportunity to provide a second specimen.. and a different charge entirely
 
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This is a weird one. I really hope you win!

This smells fishy on their part. I think they knew that - at 41 - you were very close to not them not being able to charge (I know for a fact WMP don’t charge under 40). And that - perhaps - if you blew again and again and kept blowing, there was a danger you’d fall below their threshold of 40 (assuming whatever force charged you follows the same of course).

So much easier to go “er… nope! Machine no work, see you in that big building with wig people”.

There is a chance perhaps that you were getting dangerously close to being legal in their eyes, so they went for FTP while they could. You must tell your solicitor this if you also suspect. What they should have done was test again (and aimed for another 41, and if they got it charged you normally at 41, and if not let you on your way).

I think it will also help that - with this - it is I hope on record you were offering to bargain. Nice bit of insurance and also displays compromise.

Please keep us posted :)
 
Failed 3 attempts or failed 2 attempts? You keep changing your story.
If you blew on the 3rd attempt correctly I’m sure it will be on CCTV they offered you a 4th go; otherwise there would have been no point to the 3rd in the first place.

Personally I believe you’ve made the wrong choice today and fear that when you say Barrister you are paying someone way over the odds for your crime. A local solicitor would suffice.

March is a long time away and you would have probably got a third of your sentence completed by then but each to their own.

I wish you good luck in your mission.
 
Failed 3 attempts or failed 2 attempts? You keep changing your story.
If you blew on the 3rd attempt correctly I’m sure it will be on CCTV they offered you a 4th go; otherwise there would have been no point to the 3rd in the first place.

Personally I believe you’ve made the wrong choice today and fear that when you say Barrister you are paying someone way over the odds for your crime. A local solicitor would suffice.

March is a long time away and you would have probably got a third of your sentence completed by then but each to their own.

I wish you good luck in your mission.
No my story definitely hasn’t changed.. what I’m saying is that they didn’t offer me a fourth attempt. I failed the first two attempts but gave a reading on the third go.

In their statement, the police are saying that they gave me four attempts. Three of which they’re saying failed but the fourth gave a reading and that’s not the case and the CCTV will verify this.

My point here is that I’m holding my hands up to my crime but I’m being dealt a dirty hand by the police in return. The court system is supposed to be all about honesty, fairness and justice isn’t it? I’m sorry but lying on their statement is none of those things.

And Sundog, you’re bang on the money! I’ve made my solicitor aware, hence looking into the CCTV footage etc. Once that’s been looked into and my mind is put to rest, I can then move on from this.

I know ultimately I’m buggered with this bloody charge and may have to plead guilty at some point before trial but I have to do what feels right for me and it at this point, it’s to investigate the police evidence which now has to be submitted within 28 days.

By the way, I was in custody for two hours only. Once I’d done the station breath test, they gave me my belongings back inclusive of car keys and sent me on my way! What kind of bullshit is that.. I left my car where it was and rang myself a taxi and collected the following day..

I’ll keep you posted with any updates
 
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No my story definitely hasn’t changed.. what I’m saying is that they didn’t offer me a fourth attempt. I failed the first two attempts but gave a reading on the third go.

In their statement, the police are saying that they gave me four attempts. Three of which they’re saying failed but the fourth gave a reading and that’s not the case and the CCTV will verify this.

My point here is that I’m holding my hands up to my crime but I’m being dealt a dirty hand by the police in return. The court system is supposed to be all about honesty, fairness and justice isn’t it? I’m sorry but lying on their statement is none of those things.

And Sundog, you’re bang on the money! I’ve made my solicitor aware, hence looking into the CCTV footage etc. Once that’s been looked into and my mind is put to rest, I can then move on from this.

I know ultimately I’m buggered with this bloody charge and may have to plead guilty at some point before trial but I have to do what feels right for me and it at this point, it’s to investigate the police evidence which now has to be submitted within 28 days.

By the way, I was in custody for two hours only. Once I’d done the station breath test, they gave me my belongings back inclusive of car keys and sent me on my way! What kind of bullshit is that.. I left my car where it was and rang myself a taxi and collected the following day..

I’ll keep you posted with any updates
If you are adamant you are right - and it sounds to me like you are sure. Then I say good for you.
You acknowledge the charge of DD and not trying to wangle out of it, but it's about the FTP which it seems like at face value you were cut a rough deal.
Wish you luck!
 
Well I went to court and asked my barrister to speak to the prosecution beforehand and see whether it was a possibility to change the charge to a drink drive charge and I would plead guilty… as I full accept the consequences of drinking and driving.

Unfortunately this was denied on the grounds that the station breath results where inconclusive.. I’ve pleaded not guilty and have been given a trial date for March. This gives more time for solicitor to check CCTV / body cam evidence to ensure the proper procedures where followed, as I feel at this point the police are not being honest.. some folk might think I’m just trying to get off with this and kidding myself but at this point I need to give myself a fighting chance as I find the FTP totally unfair

You took a barrister to a Mags' Court? Rightly or wrongly, that's sure one way to rub the bench up the wrong way!

Unfortunately I think you are overthinking. Even if the CCTV were to show you were given one fewer attempt than being claimed, you were still given enough that you didn't succeed with to be charged with FTP.

Think of it like this - if someone blew a low-ish reading, then if they were allowed to delay the second one until it was under 40 by not blowing properly again and again, they would.

Given were were barely over the limit on the one sample you gave (which can't be used in evidence), I assume you were rolling around drunk and making an arse of yourself at the station? If my assumption is right, you'll get the minimum ban. Just without the reduction for an early guilty plea, if you continue down the trial route.
 
By the way, I was in custody for two hours only. Once I’d done the station breath test, they gave me my belongings back inclusive of car keys and sent me on my way! What kind of bullshit is that.. I left my car where it was and rang myself a taxi and collected the following day..
By returning your car keys they are not giving you carte blanche to drive your car, the assumption is that you won't. They can't keep your car keys, they have no reason or lawful right to.
 
If you are adamant you are right - and it sounds to me like you are sure. Then I say good for you.
You acknowledge the charge of DD and not trying to wangle out of it, but it's about the FTP which it seems like at face value you were cut a rough deal.
Wish you luck!
I think the problem is it appears they ARE trying to wangle out of it as a DD charge is impossible to enforce as they FTP. It’s all or nothing on this case. Just wondering why blood or ruined wasn’t offered though? 💁🏻‍♀️
 
I think the problem is it appears they ARE trying to wangle out of it as a DD charge is impossible to enforce as they FTP. It’s all or nothing on this case. Just wondering why blood or ruined wasn’t offered though? 💁🏻‍♀️

Blood and urine wouldn't be offered as then everyone would choose that option as by the time a sample was taken, the reading would have dropped.
 
Well I went to court and asked my barrister to speak to the prosecution beforehand and see whether it was a possibility to change the charge to a drink drive charge and I would plead guilty… as I full accept the consequences of drinking and driving.

Unfortunately this was denied on the grounds that the station breath results where inconclusive.. I’ve pleaded not guilty and have been given a trial date for March. This gives more time for solicitor to check CCTV / body cam evidence to ensure the proper procedures where followed, as I feel at this point the police are not being honest.. some folk might think I’m just trying to get off with this and kidding myself but at this point I need to give myself a fighting chance as I find the FTP totally unfair
Hi,

Good for you! Don't give up and I know how hard it is waiting for trial, it is tough but definitely doable.
I never got to see my CCTV footage or bodycam footage that was requested repeatedly by my solicitor.

Keep your head up! I wish you the best of luck!

Kind regards,




Stu
 
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