Punishment expectations please

[tmw1993]

I was pulled over and and blew into the breathalyser. I blew over but I’m not sure how much because I wasn’t listening properly to the police officer. I went to the station and couldn't blow into the machine because I had severe stomach pains due to IBS which is triggered by stress/anxiety. This hasn’t been diagnosed but is in the process of being diagnosed now and it runs in the family. I asked to see a doctor several times but they wouldn’t let me see one. They let me go to the toilet and this usually calms my stomach down but I was rushed off the toilet so the pain didn’t go away. I was then put in a cell where I continuously asked for a solicitor/doctor for around 5 hours but I was ignored. I was released after 11 hours at the station but still didn’t see a doctor or solicitor.

Please can anyone give me guidance on my likely punishment?

My charge is failure to provide. Not drink driving. Also first offence.

Thanks

 

[price1367]

Why were you stopped, Can you recollect how much you had to drink, and what do you think your behaviour was like with the police as regards to the impression they may have gained about how intoxicated you were?
All the above can impact on what happens at court.

 

[tmw1993]

Why were you stopped, Can you recollect how much you had to drink, and what do you think your behaviour was like with the police as regards to the impression they may have gained about how intoxicated you were?
All the above can impact on what happens at court.

I had 7 pints over the course of 6 hours. I was driving and didn’t see any lights behind me until I got to traffic lights where suddenly blue lights were behind me. They must have pulled out from one of the side roads close to the lights so there wouldn’t be any evidence of erratic driving. I was insistent on seeing a doctor for a long time. I wasn’t aggressive towards them

 

[price1367]

If you feel that the IBS was a genuine reason for not being able to blow, you could run the defence that you had a reasonable excuse for not giving a sample of breath for analysis.
You would need medical evidence to show that you suffered from that condition at the time, AND that it would have affected your ability to blow…… not an easy task and you would need a solicitor with experience in drink drive defence cases……. Not a cheap matter.

You could start by writing to the officer in charge at the police station where you were detained, giving your personal details and the approximate time / date you were in custody, requesting to be supplied with a copy of your custody record and the video relating to your time in custody. You can then review it to see how you appeared, if the police followed correct procedure and if you did in fact ask for a doctor at the relevant time and also if you pointed out your medical condition when ‘booked in’.
These are key facts in deciding if you would have a case. You can do it yourself and then decide if you should spent money on a good solicitor to put forward your defence in court. You can compare what the police did with the form that they use when going through the procedure, the link is here:

Manual of guidance drink and drug driving (MGDD)

The MGDD is a set of forms used by forces in England and Wales when dealing with drink and drugs driving offences.

www.gov.uk

If you decide to plead guilty, it will depend on how the magistrates view your circumstances.
If they felt that you had a genuine reason for not blowing, but not amounting to an actual defence, with no particular evidence of intoxication, the ban would be 12-16 months.
If they felt that you simply failed to supply, with some evidence of intoxication, the ban would be 17-28 months.
If they feel that you deliberately failed to supply, with evidence of heavy intoxication, then the ban would be 29-36 months.
That is why it would be helpful for you to view the custody video, because that will help guide you towards where on that scale you are likely to be.

 

[tmw1993]

If you feel that the IBS was a genuine reason for not being able to blow, you could run the defence that you had a reasonable excuse for not giving a sample of breath for analysis.
You would need medical evidence to show that you suffered from that condition at the time, AND that it would have affected your ability to blow…… not an easy task and you would need a solicitor with experience in drink drive defence cases……. Not a cheap matter.

You could start by writing to the officer in charge at the police station where you were detained, giving your personal details and the approximate time / date you were in custody, requesting to be supplied with a copy of your custody record and the video relating to your time in custody. You can then review it to see how you appeared, if the police followed correct procedure and if you did in fact ask for a doctor at the relevant time and also if you pointed out your medical condition when ‘booked in’.
These are key facts in deciding if you would have a case. You can do it yourself and then decide if you should spent money on a good solicitor to put forward your defence in court. You can compare what the police did with the form that they use when going through the procedure, the link is here:

Manual of guidance drink and drug driving (MGDD)

The MGDD is a set of forms used by forces in England and Wales when dealing with drink and drugs driving offences.

www.gov.uk

If you decide to plead guilty, it will depend on how the magistrates view your circumstances.
If they felt that you had a genuine reason for not blowing, but not amounting to an actual defence, with no particular evidence of intoxication, the ban would be 12-16 months.
If they felt that you simply failed to supply, with some evidence of intoxication, the ban would be 17-28 months.
If they feel that you deliberately failed to supply, with evidence of heavy intoxication, then the ban would be 29-36 months.
That is why it would be helpful for you to view the custody video, because that will help guide you towards where on that scale you are likely to be.

Thank you. Very detailed response