Ramifications of failure to supply breath specimen
Discussion
RSoovy4 said:
betsy13 said:
Understand the sarcastic comments but for a bit of background. I've been taken into hospital twice in the last 2 weeks with crazy high blood pressure. This has resulted in my having anxiety attacks along with the symptoms as I feel so terrible I think I'm going to peg it. In addition to this I've had paramedics out to the house who have been able to stabilise me at home. I suffered from similar symptoms about a year ago and collapsed injuring my head quite badly. My GP is yet to get to the bottom of the problem despite test after test, I am as we speak sitting here with a 24 hr blood pressure monitor on. None of this was related to alcohol consumption.
What my query is/ was, is that as I have been charged with a stand alone offence of failure to provide am I able to contest that on the grounds of the above, all of which can be corroborated by my GP, hospital and paramedics. I was not asked to give a blood or urine sample at any point and was not given the option of providing either as an alternative.
Anyway, I'm waiting for AGT to come back to me and I'll see what the advice is
Had you been drinking alcohol or not?What my query is/ was, is that as I have been charged with a stand alone offence of failure to provide am I able to contest that on the grounds of the above, all of which can be corroborated by my GP, hospital and paramedics. I was not asked to give a blood or urine sample at any point and was not given the option of providing either as an alternative.
Anyway, I'm waiting for AGT to come back to me and I'll see what the advice is
betsy13 said:
Understand the sarcastic comments but for a bit of background. I've been taken into hospital twice in the last 2 weeks with crazy high blood pressure. This has resulted in my having anxiety attacks along with the symptoms as I feel so terrible I think I'm going to peg it. In addition to this I've had paramedics out to the house who have been able to stabilise me at home. I suffered from similar symptoms about a year ago and collapsed injuring my head quite badly. My GP is yet to get to the bottom of the problem despite test after test, I am as we speak sitting here with a 24 hr blood pressure monitor on. None of this was related to alcohol consumption.
Do you think you should be driving when you are like this?OP I know you said none of this week has been related to alcohol...
But had you consumed alcohol on the day you were stopped?
I only ask because you haven't clarified this yet, and if it was me and I was innocent, the first thing I would say when explaining the story is that I hadn't had drunk any alcohol.
But had you consumed alcohol on the day you were stopped?
I only ask because you haven't clarified this yet, and if it was me and I was innocent, the first thing I would say when explaining the story is that I hadn't had drunk any alcohol.
monthefish said:
Something's fishy around here.
Says the fish...Indeed given the OPs additional detail about his medical conditions it is scary to think that he is still fit to drive.
Thus regardless of the DD or not DD, I wish the OP well as he doesn't sound like a overly healthy man right now.
To try and put another side to the relatively negative one you are getting, I know of a person who suffered from panic attacks, and was needle phobic.
They refused a roadside breathtest, and subsequent blood test siting their illnesses. A urine test was not done, and the patient was charged and taken to court for failure to provide. I suspect the roadside plod had enough of excuses at that point.
The driver walked away from court without any form of charge.
They refused a roadside breathtest, and subsequent blood test siting their illnesses. A urine test was not done, and the patient was charged and taken to court for failure to provide. I suspect the roadside plod had enough of excuses at that point.
The driver walked away from court without any form of charge.
julian64 said:
To try and put another side to the relatively negative one you are getting, I know of a person who suffered from panic attacks, and was needle phobic.
They refused a roadside breathtest, and subsequent blood test siting their illnesses. A urine test was not done, and the patient was charged and taken to court for failure to provide. I suspect the roadside plod had enough of excuses at that point.
The driver walked away from court without any form of charge.
As long as he walked and didn't drive again until his various illnesses were completely cured then I'm ok with that.They refused a roadside breathtest, and subsequent blood test siting their illnesses. A urine test was not done, and the patient was charged and taken to court for failure to provide. I suspect the roadside plod had enough of excuses at that point.
The driver walked away from court without any form of charge.
Grenoble said:
singlecoil said:
As long as he walked and didn't drive again until his various illnesses were completely cured then I'm ok with that.
Why? Do you any illness that prevents blood or breath being taken should be a bar to driving?singlecoil said:
Being prone to panic attacks, sufficiently incapacitating to prevent them blowing into a breath tester? Too damn right that should be a bar to driving. I'm surprised that anyone would think otherwise.
Indeed but it could be a good defence should you be pissed as a newt yet fail to provide sighting medical reasons. After all who wouldn't want to share road space with such a person?Lying t**t said:
That's not booze on my breath, I'm not pissed officer but have consumed a few bottles of wine however the only reason I am not providing is that I am having a panic attack, I can tell you that I am having one quite easily but if you ask me to blow in to the machine my breathing will fail as will my ability to do anything else. Don't worry though as soon as the requirement has gone I will be back to normal. Unless a doctor arrives in which case I will start hyperventilating claiming I am having a panic attack. Until I'm in a cell on my own then all will be back to normal. Unless you look in through the hatch then I wil become awashed with breathing abnormalities again. Please don't look at me.....few he's gone back to normal.
mcxuk1 said:
RSoovy4 said:
betsy13 said:
Anyway, I'm waiting for AGT to come back to me and I'll see what the advice is
Had you been drinking alcohol or not?What I have learnt is that without fail when someone is falsely accused, they are bloody angry that they have been falsely accused and make it clear they have done, and how they are innocent. Those are the people I have helped, and with I should say success every time - because we both knew they were innocent.
On the other hand, the majority of OPs on this thread mention the charge and then go onto make more of an issue of a sideline as they want to ask/hope that a minor paperwork mistake might save their ass.
OP - only you'll know the truth, and your solicitor will help you either way.
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:
www.drinkdriving.org/drink_driving_laws_fai...
Can someone please clarify the 'Not Driving' bit? How can you be charged with drink driving if you aren't driving?
I do think the op not answering the first question that popped into my mind 'had he consumed any alcohol that day@' speaks volumes.
I have failed a roadside breath test many years ago after consuming just 2 125mls of white wine (that shows how long ago it was, at time when that's all pubs had for the little lady
; although maybe lucky in that respect) I happily took the test 100% sure of I was way under the limit only to look on in horror as it turmed to red. I'd before that been chatting happily with the police officer about the car etc and I think it must have been the look of pure shock that the officer then asked me what I'd drunk the night before (this was lunchtime)and I said I'd been to a party. He asked where I was heading for and I gave him an address less than half a mile away. He said he's follow me there and not expect to see the car move for the next 24 hours and that would be that last of it.
I must have been boarderline? and it was a long time ago but a lesson well learnt. I still shudder at the thought of what losing my licence would have meant to me and feel physically sick at the thought of what might have been if I'd caused an accident.
www.drinkdriving.org/drink_driving_laws_fai...
Can someone please clarify the 'Not Driving' bit? How can you be charged with drink driving if you aren't driving?
I do think the op not answering the first question that popped into my mind 'had he consumed any alcohol that day@' speaks volumes.
I have failed a roadside breath test many years ago after consuming just 2 125mls of white wine (that shows how long ago it was, at time when that's all pubs had for the little lady
; although maybe lucky in that respect) I happily took the test 100% sure of I was way under the limit only to look on in horror as it turmed to red. I'd before that been chatting happily with the police officer about the car etc and I think it must have been the look of pure shock that the officer then asked me what I'd drunk the night before (this was lunchtime)and I said I'd been to a party. He asked where I was heading for and I gave him an address less than half a mile away. He said he's follow me there and not expect to see the car move for the next 24 hours and that would be that last of it.I must have been boarderline? and it was a long time ago but a lesson well learnt. I still shudder at the thought of what losing my licence would have meant to me and feel physically sick at the thought of what might have been if I'd caused an accident.
13th said:
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:
www.drinkdriving.org/drink_driving_laws_fai...
Can someone please clarify the 'Not Driving' bit? How can you be charged with drink driving if you aren't driving?
In the eyes of the law you do not have to be driving a car to be deemed in control of it. Control can mean you were sat in the drivers seat with the keys on your person, it can mean you were sleeping in the car with your keys available to you. So long as the CPS can demonstrate an intention/possability of driving you can be charged.www.drinkdriving.org/drink_driving_laws_fai...
Can someone please clarify the 'Not Driving' bit? How can you be charged with drink driving if you aren't driving?
Hence I know someone who lost their licence whilst sat in their car making a roll up with the stereo on as he was deemed in control when the police pulled up next to him ( he was in the pub car park and was due to be meeting us at the takeaway down the road. He could not have driven to the takeaway as it was a pedestrianised area)
I can only assume it was your lucky day when you ran into an officer and failed a breath test, again the law doesn't give significantly reduced sentences to those who have only driven 1mile vs someone who has driven 100 miles.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff