Ramifications of failure to supply breath specimen

[betsy13]

Can anyone give me an idea as to the possible ramifications of failing to provide a breath specimen? Are the police able to do me for drink driving if they are unable to prove I was over the limit?

Also the car reg they have put on the documentation they have given me is incorrect, twice. Am I able to argue that I was not in the car they claim I was as they have the reg listed wrongly?

They claim I have no insurance, I do. I'm assuming they've drawn a blank on this as they are searching the wrong plate, as above. I am also assuming, hopefully correctly, that I will be able to have his charge dropped as I am able to produce my certificate of insurance?

Finally can anyone give me the name of/put me in touch with a really good motoring offence solicitor in the Leeds area.I think I've seen someone mentioned on another thread but can't remember the guys name.

Thanks for any help

[Shaw Tarse]

betsy13 said:

Can anyone give me an idea as to the possible ramifications of failing to provide a breath specimen? Are the police able to do me for drink driving if they are unable to prove I was over the limit?

Also the car reg they have put on the documentation they have given me is incorrect, twice. Am I able to argue that I was not in the car they claim I was as they have the reg listed wrongly?

They claim I have no insurance, I do. I'm assuming they've drawn a blank on this as they are searching the wrong plate, as above. I am also assuming, hopefully correctly, that I will be able to have his charge dropped as I am able to produce my certificate of insurance?

Finally can anyone give me the name of/put me in touch with a really good motoring offence solicitor in the Leeds area.I think I've seen someone mentioned on another thread but can't remember the guys name.

Thanks for any help
This will go well.
Contact agtlaw.

[CYMR0]

Failing to provide is a specific offence that is punished more severely than being less than massively over the limit.

Getting legal advice is a good idea but expect to pay for it and definitely don't drive to Court, because on pleading guilty or being convicted, don't expect to drive home as a ban would be a foregone conclusion except in truly exceptional circumstances.

You probably can get the no insurance chage dropped, but it's unlikely to make any difference to sentencing.

[betsy13]

Shaw Tarse said:

betsy13 said:

Can anyone give me an idea as to the possible ramifications of failing to provide a breath specimen? Are the police able to do me for drink driving if they are unable to prove I was over the limit?

Also the car reg they have put on the documentation they have given me is incorrect, twice. Am I able to argue that I was not in the car they claim I was as they have the reg listed wrongly?

They claim I have no insurance, I do. I'm assuming they've drawn a blank on this as they are searching the wrong plate, as above. I am also assuming, hopefully correctly, that I will be able to have his charge dropped as I am able to produce my certificate of insurance?

Finally can anyone give me the name of/put me in touch with a really good motoring offence solicitor in the Leeds area.I think I've seen someone mentioned on another thread but can't remember the guys name.

Thanks for any help
This will go well.
Contact agtlaw.


Thanks I will give AGT a call

[LouD86]

Why would you fail to provide, unless you know your guilty? Silly ideas. Its guilty unless proven innocent unfortunatly in this circumstance

[betsy13]

CYMR0 said:

Failing to provide is a specific offence that is punished more severely than being less than massively over the limit.

Getting legal advice is a good idea but expect to pay for it and definitely don't drive to Court, because on pleading guilty or being convicted, don't expect to drive home as a ban would be a foregone conclusion except in truly exceptional circumstances.

You probably can get the no insurance chage dropped, but it's unlikely to make any difference to sentencing.

Thanks, that doesn't sound great but much as I thought. I was unable to get my breath as was having panic attack, they did have the decency to take me to hospital as I was pretty bad. I'll see what the recommended solicitor has to say but thanks for giving your insight

[Grenoble]

Some guidance here:

http://www.drinkdriving.org/police_fail_provide_sp...

With the definitions of reasonable excuse, etc.

The insurance one should be straightforward. Either you were insured, or you weren't. Pull your insurance paperwork together and double check it all with your insurer first. You can always put your own check in here:
http://www.askmid.com/
To see what is held on your car.

[RSoovy4]

Betsy said:

I was unable to get my breath as was having panic attack.............

As others have said, try agtlaw, they do know their stuff.

Good luck on the bus.

[CYMR0]

betsy13 said:

CYMR0 said:

Failing to provide is a specific offence that is punished more severely than being less than massively over the limit.

Getting legal advice is a good idea but expect to pay for it and definitely don't drive to Court, because on pleading guilty or being convicted, don't expect to drive home as a ban would be a foregone conclusion except in truly exceptional circumstances.

You probably can get the no insurance charge dropped, but it's unlikely to make any difference to sentencing.

Thanks, that doesn't sound great but much as I thought. I was unable to get my breath as was having panic attack, they did have the decency to take me to hospital as I was pretty bad. I'll see what the recommended solicitor has to say but thanks for giving your insight

Try to type your response outside the {quote} square brackets, as it makes it much easier to read what's yours and what's mine.

If you were having a panic attack and hospitalised then this is something that absolutely must be mentioned by your defence, whether as a complete defence or for mitigation on sentencing. The law around this is very technical and you may have a complete defence if you have a 'reasonable excuse' for not providiing the specimen.

It is not about the prosecution proving whether you were drink driving - they can't do that unless you've convicted yourself by saying that you'd had 11 pints of Stella in the last 2 hours to the police (although they may attempt a back calculation in these circumstances). Instead they will focus on proving that you did not have a reasonable excuse for not providing the sample (although if you do not put forward such evidence, it will be assumed that you do not).

[Grenoble]

RSoovy4 said:

As others have said, try agtlaw, they do know their stuff.

Good luck on the bus.

Well, to be fair there are acceptable reasons. The guidelines also depend on if the OP was driving or not (DR30 vs DR60), disqual is not automatic:

http://www.drinkdriving.org/drink_driving_laws_fai...

[Shaw Tarse]

Grenoble said:

RSoovy4 said:

As others have said, try agtlaw, they do know their stuff.

Good luck on the bus.

Well, to be fair there are acceptable reasons. The guidelines also depend on if the OP was driving or not (DR30 vs DR60), disqual is not automatic:

http://www.drinkdriving.org/drink_driving_laws_fai...

Chances are this will go to court?
OP dress appropriately (Soovy will give you advice)
You may need to kneel before the judge )

[betsy13]

Thanks everyone I'm going to give the solicitors a call first thing and take it from there. Thanks all for your advice, I am expecting he worst but I genuinely couldn't breathe and wasn't just being a tosser. I didn't state that as the reason for failure to give the specimen as I thought it was pretty obvious.

Will post back on how I get on, can't remember the last time I was on a bus?!

[CYMR0]

betsy13 said:

I didn't state that as the reason for failure to give the specimen as I thought it was pretty obvious.

Sadly that's not the case ... it's absolutely crucial to your defence and you must tell the full story, including anything that you may have said in interview, to your solicitor.

[zcacogp]

RSoovy4 AKASoovy said:

Stuff

New car new login.

I see what you did there.

Bet you still miss the porker.


Oli.

[RSoovy4]

zcacogp said:

RSoovy4 AKASoovy said:

Stuff

New car new login.

I see what you did there.

Bet you still miss the porker.


Oli.

I do, but I don't miss the stick I got the colour. No wait.....

[betsy13]

Think you're getting me mixed up, never had a porker, sorry

[Grenoble]

betsy13 said:

Think you're getting me mixed up, never had a porker, sorry

It's okay, he's referring to another poster - RSoovy4 - who used to have a Porsche, now has an RS4 and changed his name accordingly.

Bit of an in joke I'm afraid, this place is full of them.

[aka_kerrly]

CYMR0 said:

Failing to provide is a specific offence that is punished more severely than being less than massively over the limit.

Not always, someone I know refused to provide a breath, a urine or blood sample and received a 12month ban when had they provided (by their own admission) they would have been banned far longer.

OP: after receiving hospital treatment was no blood sample taken?

Otherwise this is going to be a very odd case.

[RSoovy4]

Grenoble said:

betsy13 said:

Think you're getting me mixed up, never had a porker, sorry

It's okay, he's referring to another poster - RSoovy4 - who used to have a Porsche, now has an RS4 and changed his name accordingly.

Bit of an in joke I'm afraid, this place is full of them.

Bit rude to call me a joke, chum.

[Greendubber]

So when you were asked if there are any medical reasons as to why you could not provide a sample what do you say?

Don't forget it's all very likely to be on CCTV, from when you walk into the custody suite until the moment you leave.