Very nervous about going to court

Convicted Driver Insurance

Silly87

New Member
I recently drove my car hit a kerb blown a tyre with some other damage underneath vehicle I left the car as it was to late and thought I would phone my mechanic to get it in the morning ..... Next morning police knocks on my door asks me questions and arrests me for suspected drink driving (after a breath test which went over not sure by how much)as I smelt of alcohol which I did as after in accident I went home and had a few glasses of wine to calm my nerves as I was in shock ....I explained everything to the police that had happened they took me in done my finger prints and photo but the breath test I just couldn't do I pleaded for a blood or urine test they said no and after questioning charged me with section7 (6) my court date is in two weeks and Im pleading guilty failing to supply breath.... If they have charged me can they investigate further? As I was intoxicated at the time of questioning I have forgot a few details of the night before... And I'm trying to get away with a ban as I need my car for medical reasons for my daughter I'm hoping maybe to get points and fine? If that can at all happen ? Not sure of what I'm going to get and what to expect in court in regards to me speaking,if police can change the charge etc...
 
To clarify, was there any medical reason that you were unable to provide the specimen of breath? If not then the police are correct not to have offered a blood or urine sample as an alternative.

If you had provided a specimen of breath you would have had grounds for a defence on the basis that you had not driven your vehicle whilst over the legal limit and it was the alcohol consumed at home that had caused you to be over the limit. However you have now been charged with failing to provide a specimen of breath without reasonable excuse and unless you can demonstrate that you did in fact have a reasonable excuse ort he was a significant error in the procedures followed by the police, you will not have a defence to raise.

If you are convicted of failing to provide a specimen of breath this carries a mandatory 12 month disqualification as a minimum. The actual sentence itself will depend upon both your reasons for failing to provide and how intoxicated the police believe you were at the time.

In respect of your interview, the police should not have conducted this immediately after you had failed to provide the specimen. Instead they should have waited a few hours and then tried to take a further specimen from you before interview to ensure that you were fit to be interviewed.
 
Thanks for the reply I haven't got any medical reasons why I couldn't do it apart from I'm a heavy smoker and get anxiety (panic) in small spaces and other situations is that any kind of defence ? If I go to my doctors and ask for something to show I can't blow for that long into something? I don't know what to do as I didn't purposely not give the specimen ? I don't know what else I can do me not driving is really going to affect my daughter who is type 1
 
If you have been medically diagnosed as suffering from anxiety, and if this anxiety can affect your breathing then you may have a medical issue that can be raised as a defence. This would very much be dependant upon the medical information that could be obtained from your GP.

The problem is that you cannot simply state that you are unable to blow for long enough as you have successfully provided a specimen when the police arrest you at home. It may however be possible to prove that when your anxiety is an issue this reduces your ability to breathe normally and therefore provide a specimen.
 
Ok thank you for the info ... I can't believe I'm facing losing my licence!! ? I didn't even drive the car drunk! Is there any way they can't just give me loads of points ? And a huge fine as I need to be able to drive for my daughters sake
 
I'm afraid that if you are convicted of failing to provide a specimen of breath without reasonable excuse then there is a mandatory disqualification of at least 12 months.
 
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