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

[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

[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

[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?!

[betsy13]

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

[betsy13]

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