Failing to provide...
Discussion
"Weren't in the car" - unfortunately, assuming they failed the EBTI at custody, it doesn't matter if they were in the car or not.
There must have been a reasonable suspicion by the Officer that arrested them that they were driving or attempting to drive a motor vehicle on a road whilst a)unfit through alcohol or b)whilst being over the prescribed limit of alcohol
'A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence' - your friend will very likely have been charged with this offence, whether they were driving or not, is no longer an issue.
They need to provide medical evidence of asthma as their defence. Did they say this to the Officer at the time of being asked to provide the specimens?
If they did, then the Officer may have decided to test their blood, but that's not an automatic alternative.
There must have been a reasonable suspicion by the Officer that arrested them that they were driving or attempting to drive a motor vehicle on a road whilst a)unfit through alcohol or b)whilst being over the prescribed limit of alcohol
'A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence' - your friend will very likely have been charged with this offence, whether they were driving or not, is no longer an issue.
They need to provide medical evidence of asthma as their defence. Did they say this to the Officer at the time of being asked to provide the specimens?
If they did, then the Officer may have decided to test their blood, but that's not an automatic alternative.
Nibbles_bits said:
They need to provide medical evidence of asthma as their defence. Did they say this to the Officer at the time of being asked to provide the specimens?
If they did, then the Officer may have decided to test their blood, but that's not an automatic alternative.
They did say they were unable to due to asthma and did ask for a blood test. If they did, then the Officer may have decided to test their blood, but that's not an automatic alternative.
I doubt I'll be able to update too much tbh as I'm not even following what he's telling me. He's contacting AGT who'll hopefully either help with a défense or say he hasn't got a leg to stand on.
Petrus1983 said:
They did say they were unable to due to asthma and did ask for a blood test.
I doubt I'll be able to update too much tbh as I'm not even following what he's telling me. He's contacting AGT who'll hopefully either help with a défense or say he hasn't got a leg to stand on.
Legless you say....I doubt I'll be able to update too much tbh as I'm not even following what he's telling me. He's contacting AGT who'll hopefully either help with a défense or say he hasn't got a leg to stand on.
Jaybee1981 said:
Petrus1983 said:
They did say they were unable to due to asthma and did ask for a blood test.
I doubt I'll be able to update too much tbh as I'm not even following what he's telling me. He's contacting AGT who'll hopefully either help with a défense or say he hasn't got a leg to stand on.
Legless you say....I doubt I'll be able to update too much tbh as I'm not even following what he's telling me. He's contacting AGT who'll hopefully either help with a défense or say he hasn't got a leg to stand on.
Tom1312 said:
Custody machines will work even if your asthmatic. They way it was explained to me was, 'even a one lunged 87 year old granny can provide a sample on this...'
I think your mates knackered tbh
So do I. I think your mates knackered tbh
So turns out he blew at the road side and it was high/ v high on that machine. They took him to the station and at that point he said he couldn't blow into it because of asthma. He says he asked for a blood test but sounds like they'd had enough of things by then and he was held overnight.
Petrus1983 said:
Tom1312 said:
Custody machines will work even if your asthmatic. They way it was explained to me was, 'even a one lunged 87 year old granny can provide a sample on this...'
I think your mates knackered tbh
So do I. I think your mates knackered tbh
So turns out he blew at the road side and it was high/ v high on that machine. They took him to the station and at that point he said he couldn't blow into it because of asthma. He says he asked for a blood test but sounds like they'd had enough of things by then and he was held overnight.
Living rurally we used to drive into town, park in the public car park, and put £1.50 on the ticket after 1800 knowing this meant you had until 1100 the next day to come back and get it.
I know a lad who went back to his car to get his coat on the way to the next pub and got seen by a traffic officer. Luckily they watched him go in the passenger side and walk away from the car with his coat.
I think if he had opened the driver's door and got in that side he'd have been breathalysed.
Put the fear of god into us!
I know a lad who went back to his car to get his coat on the way to the next pub and got seen by a traffic officer. Luckily they watched him go in the passenger side and walk away from the car with his coat.
I think if he had opened the driver's door and got in that side he'd have been breathalysed.
Put the fear of god into us!
carl_w said:
Petrus1983 said:
So turns out he blew at the road side and it was high/ v high on that machine.
I thought he wasn't in the car?Petrus1983 said:
carl_w said:
Petrus1983 said:
So turns out he blew at the road side and it was high/ v high on that machine.
I thought he wasn't in the car?Petrus1983 said:
So do I.
So turns out he blew at the road side and it was high/ v high on that machine. They took him to the station and at that point he said he couldn't blow into it because of asthma. He says he asked for a blood test but sounds like they'd had enough of things by then and he was held overnight.
Why are even helping him? They give enough chances. So turns out he blew at the road side and it was high/ v high on that machine. They took him to the station and at that point he said he couldn't blow into it because of asthma. He says he asked for a blood test but sounds like they'd had enough of things by then and he was held overnight.
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