Rt88010

Convicted Driver Insurance

jamesbrown1

Active member
I can also see where Guy and January are coming from .. your initial message was this ..

"Hi I have been convicted of rt88010 account 12.15.19.1 paid code H29. I can prove I suffer from anxiety, mental health and a serious bowel condition that I was having at the time of the arrest and told the police about. Do you think I will be convicted"

If you intended to plead guilty why ask if you're going to get convicted ?
 

Fiona123b

Active member
I can also see where Guy and January are coming from .. your initial message was this ..

"Hi I have been convicted of rt88010 account 12.15.19.1 paid code H29. I can prove I suffer from anxiety, mental health and a serious bowel condition that I was having at the time of the arrest and told the police about. Do you think I will be convicted"

If you intended to plead guilty why ask if you're going to get convicted ?
Because not everyone gets convicted if they fail to provide due to medical reasons and nowhere did I state I was going to plead not guilty!
 

price1367

TTC Group
Because not everyone gets convicted if they fail to provide due to medical reasons and nowhere did I state I was going to plead not guilty!
But if you plead guilty, no matter what the medical reasons, you WILL be disqualified…… it will not be discontinued before it goes to court whatever your medical reasons, it will result in a court case.
 

Fiona123b

Active member
But if you plead guilty, no matter what the medical reasons, you WILL be disqualified…… it will not be discontinued before it goes to court whatever your medical reasons, it will result in a court case.
Oh - are you suggesting I plead not guilty? I did refuse to do the test because I was physically incapable of doing it
 

price1367

TTC Group
Oh - are you suggesting I plead not guilty? I did refuse to do the test because I was physically incapable of doing it

I am sorry Fiona but your replies are very confusing.
Your original post indicated that you failed to supply for medical reasons, which means a not guilty plea.
Then you say “who said I was going to plead not guilty”
Then you say: ‘ Because not everyone gets convicted if they fail to provide due to medical reasons and nowhere did I state I was going to plead not guilty!’
I merely pointed out that if you have medical reasons, unless you plead not guilty then you will be convicted. It will not be discontinued with it not going to court because you show you have medical reasons. (That is what the trial will be for…. The prosecution outline the case and show that you were suspected of drink driving and you failed to supply. Then you advance the medical reasons why you didn’t supply and the magistrates weigh it up and decide.)
Your reply is: ‘ Oh - are you suggesting I plead not guilty? I did refuse to do the test because I was physically incapable of doing it’.

You have a choice. You either plead guilty to failing to supply, with mitigation about your medical circumstances, or you plead not guilty and put together (preferably with a solicitor, but it will cost you) your medical evidence to justify why you failed to supply ‘without reasonable excuse’. That will be not about your general health but why your medical conditions AT THE TIME OF THE REQUIREMENT TO PROVIDE prevented you from doing so.
I am not advising you either way, just pointing out the process to you.
 

Fiona123b

Active member
I am sorry Fiona but your replies are very confusing.
Your original post indicated that you failed to supply for medical reasons, which means a not guilty plea.
Then you say “who said I was going to plead not guilty”
Then you say: ‘ Because not everyone gets convicted if they fail to provide due to medical reasons and nowhere did I state I was going to plead not guilty!’
I merely pointed out that if you have medical reasons, unless you plead not guilty then you will be convicted. It will not be discontinued with it not going to court because you show you have medical reasons. (That is what the trial will be for…. The prosecution outline the case and show that you were suspected of drink driving and you failed to supply. Then you advance the medical reasons why you didn’t supply and the magistrates weigh it up and decide.)
Your reply is: ‘ Oh - are you suggesting I plead not guilty? I did refuse to do the test because I was physically incapable of doing it’.

You have a choice. You either plead guilty to failing to supply, with mitigation about your medical circumstances, or you plead not guilty and put together (preferably with a solicitor, but it will cost you) your medical evidence to justify why you failed to supply ‘without reasonable excuse’. That will be not about your general health but why your medical conditions AT THE TIME OF THE REQUIREMENT TO PROVIDE prevented you from doing so.
I am not advising you either way, just pointing out the process to you.
Thanks for that. sorry if it was confusing. Can you clarify what you mean by "It will not be discontinued with it not going to court because you show you have medical reasons"
 

price1367

TTC Group
Thanks for that. sorry if it was confusing. Can you clarify what you mean by "It will not be discontinued with it not going to court because you show you have medical reasons"
Ok, what I mean is that some of what you have posted seem to indicate that you feel you have medical reasons for not supplying, but you may not have to go to court and plead not guilty for the case to end…..
I am trying to show you that a medical defence is just that, something that is put forward in a trial. Your medical problems when submitted to the prosecution will not result in them saying “Ah, we didn’t know about your medical problems, we will not now prosecute you and the case will not go to court”.
 

Fiona123b

Active member
Ok, what I mean is that some of what you have posted seem to indicate that you feel you have medical reasons for not supplying, but you may not have to go to court and plead not guilty for the case to end…..
I am trying to show you that a medical defence is just that, something that is put forward in a trial. Your medical problems when submitted to the prosecution will not result in them saying “Ah, we didn’t know about your medical problems, we will not now prosecute you and the case will not go to court”.
Thanks for the clarification. I do know I have to go to Court and present my defence on the grounds of medical conditions and the magistrates will then need to decide. I have spoken to my GP this morning and filled them in on everything that happened and they are preparing a letter for me.
 

price1367

TTC Group
Thanks for the clarification. I do know I have to go to Court and present my defence on the grounds of medical conditions and the magistrates will then need to decide. I have spoken to my GP this morning and filled them in on everything that happened and they are preparing a letter for me.
Good.
So it appears that you will be pleading not guilty. This will probably take several months to come to trial. The first hearing will simply get adjourned when you enter your plea. Then there will be a hearing to explore what the issues will be in the case, then a trial date will be set.
It will help if you are able to show what medical treatment you needed in the immediate aftermath of being at the police station. (Were you seen by a doctor or nurse at the police station?)
 

Fiona123b

Active member
Good.
So it appears that you will be pleading not guilty. This will probably take several months to come to trial. The first hearing will simply get adjourned when you enter your plea. Then there will be a hearing to explore what the issues will be in the case, then a trial date will be set.
It will help if you are able to show what medical treatment you needed in the immediate aftermath of being at the police station. (Were you seen by a doctor or nurse at the police station?)
I am not sure what to plead now. I was going to plead guilty but with mitigating circumstances on medical grounds. I have asked the Solicitor I contacted to advise me. There was a nurse there but she was very unfriendly and the most I was offered was paracetamol. I did say I needed to go to hospital but they ignored me but hopefully that will be on the custody video. I think I may wait until I have viewed the video (which you have kindly offered to review) before I decide how to plead. If I haven't received it by the 12th then I will be asking for an adjournment anyway.
 

grice96

Well-known member
I am not sure what to plead now. I was going to plead guilty but with mitigating circumstances on medical grounds. I have asked the Solicitor I contacted to advise me. There was a nurse there but she was very unfriendly and the most I was offered was paracetamol. I did say I needed to go to hospital but they ignored me but hopefully that will be on the custody video. I think I may wait until I have viewed the video (which you have kindly offered to review) before I decide how to plead. If I haven't received it by the 12th then I will be asking for an adjournment anyway.

What medical help did you seek after release? I assume you would have went straight to a doctor or hospital from the station while suffering from a prolapse. This hospital or doctor visit being on record would be crutial to your defence.
 

Fiona123b

Active member
What medical help did you seek after release? I assume you would have went straight to a doctor or hospital from the station while suffering from a prolapse. This hospital or doctor visit being on record would be crutial to your defence.
Once the prolapse has passed there is no medical treatment needed. I have been admitted to hospital before about this as it wasn't passing. I needed to go to Hospital that night but the Police wouldn't let me and while in custody it passed. I had spoken to my GP on the day before the incident during an emergency consultation as I had had one the day before and I have been prescribed something for it to ease the pain until I get the treatment for it
 

Fiona123b

Active member
What medical help did you seek after release? I assume you would have went straight to a doctor or hospital from the station while suffering from a prolapse. This hospital or doctor visit being on record would be crutial to your defence.
I have had an initial reply from a Solicitor "One potential defence would be to require the prosecution to prove that the breath procedure was carried out correctly, including requiring the prosecution to prove that you were given the Statutory Warning adequately. A second potential defence might be that you had a reasonable excuse for not providing a specimen due to the pain that you were in at the time caused by a medical condition." How can I find out if they followed the correct breath procedure? I don't really recall being given the statutory warning either but I was concentrating on other things at the time
 

Polly3

Well-known member
I have had an initial reply from a Solicitor "One potential defence would be to require the prosecution to prove that the breath procedure was carried out correctly, including requiring the prosecution to prove that you were given the Statutory Warning adequately. A second potential defence might be that you had a reasonable excuse for not providing a specimen due to the pain that you were in at the time caused by a medical condition." How can I find out if they followed the correct breath procedure? I don't really recall being given the statutory warning either but I was concentrating on other things at the time
May I ask a question that is not intended to be impertinent. I don’t think you’ve shared anything re the circumstances of your arrest , which clearly is your private business . However , do you think the police had reason to arrest you and conclude that the circumstances were such that you should be breathalysed ? Others on here have much more knowledge than myself but via my former profession I have witnessed trials , and whilst everyone has a right to plead not guilty , a trial will prompt the inclusion of, and laying bare of all the details , including all of the reasons that led to your arrest / detention . So : were you under the influence , and if so will the prosecution be able to suggest that it was this, rather than any underlying health condition that led to your anxiety etc etc. I ask you this from the standpoint of myself having been reasonably arrested , failing to provide , experiencing anxiety etc etc , and being completely intoxicated .
 

Fiona123b

Active member
May I ask a question that is not intended to be impertinent. I don’t think you’ve shared anything re the circumstances of your arrest , which clearly is your private business . However , do you think the police had reason to arrest you and conclude that the circumstances were such that you should be breathalysed ? Others on here have much more knowledge than myself but via my former profession I have witnessed trials , and whilst everyone has a right to plead not guilty , a trial will prompt the inclusion of, and laying bare of all the details , including all of the reasons that led to your arrest / detention . So : were you under the influence , and if so will the prosecution be able to suggest that it was this, rather than any underlying health condition that led to your anxiety etc etc. I ask you this from the standpoint of myself having been reasonably arrested , failing to provide , experiencing anxiety etc etc , and being completely intoxicated .
They said that I didn't have my lights on (it was still fairly light at about 9.30pm). I think I may have been driving as though I was in a rush as I was desperate to get home. I had been for a meal with some wine but didn't feel at all I was over the limit. I doubt how they could say it wasn't my condition as I was literally soiling myself infront of them and saying I was having a prolapse.
 

Polly3

Well-known member
May I ask a question that is not intended to be impertinent. I don’t think you’ve shared anything re the circumstances of your arrest , which clearly is your private business . However , do you think the police had reason to arrest you and conclude that the circumstances were such that you should be breathalysed ? Others on here have much more knowledge than myself but via my former profession I have witnessed trials , and whilst everyone has a right to plead not guilty , a trial will prompt the inclusion of, and laying bare of all the details , including all of the reasons that led to your arrest / detention . So : were you under the influence , and if so will the prosecution be able to suggest that it was this, rather than any underlying health condition that led to your anxiety etc etc. I ask you this from the standpoint of myself having been reasonably arrested , failing to provide , experiencing anxiety etc etc , and being completely intoxicated .
I would add that I couldn’t recall anything much, other than that I was a pain in the neck , and I dare say there could have been procedural errors . However , it was « fair cop » for want of a better expression and I held my hand up. The Court knocked 4 months off the ban for EGP.
 

Fiona123b

Active member
I would add that I couldn’t recall anything much, other than that I was a pain in the neck , and I dare say there could have been procedural errors . However , it was « fair cop » for want of a better expression and I held my hand up. The Court knocked 4 months off the ban for EGP.
Fair enough. what is EGP?
 
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