Failing specimen of breath samples

[Geonaan]

Good Evening,

My name is George, on Friday night police found me drunk driving my vehicle. ..."when suspected of having driven a vehicle and have been required to provide a specimen or specimens of breath for analysis in the course of an investigation into wheteher you had commited an offence under section 3A, 4 or 5 thereof, failed without reasonable excuse to do so
-legislation: Contrary to section 7(6) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.
-CCCJS CODE:RT88010'
-ACPO:'12. 15 19.1'
PNLD CODE: 'H29.

This is first time when is happened, I am not a drinker person, I can"t believe what was happened. I didn't know that if I will failed to provide a specimen I will go to Court? I don't have any special reasons, excuse for failing. I just tried, tried the police man charged me with failing to without reasonable excuse. I said to them that I got hepatitis B and becouse I was drunk I was very dry, I ask for some water. They didn't give me.

Is it possible to avoid a ban becouse wife and me we are depending of a car. Our job is in knaresborough and we live in Bradford. I might lose my job. I got a mortgage and a finance on the car, a life insurance and my insurance of the car which is almost all my wages. I might lose my job, my house, my car. I lost everything, I can't stop from crying even now , it was the most stupid thing I did all my life. What to do, how can I get out of this?
What to expect , now I am thinking to get a solicitor but honestly becouse I just moved and I had to pay lot of money I don't got a very good situation. I don't know what to do, where to go. Please Help Me??!!

 

[SeanJoyceStephensons]

If you have no explanation as to why you were unable to provide the specimen then I'm afraid that a disqualification will be mandatory. You would have to prove to the Court that you did in fact have a reasonable excuse for not having provided the necessary specimens.

If you are struggling to afford a solicitor there are 2 options I would advise investigating. Firstly, contact a local criminal firm who are likely to already have an advocate in Court on the date of your case, this would normally mean that they would be happier to take the case on for less cost, although they are unlikely to be a specialist in this area. Your other option is to attend the hearing and speak to the duty solicitor who will be at Court, although again they are unlikely to be a road traffic specialist.

 

[Geonaan]

Thank you for your feed-back. A reasonable excuse at that moment was that I had a panic attack, I tried to blow as much as I can. That officer shoulting at me, I didn't understand him very well what he was saying, me I was just saying yes, yes...and many times I just took the machine from police man, and the police man took it back, saying 'not yet'. I am romanian nationalityand I got just 2 years since I am in uk.

I don't know why I failed because I was really tried to blow as much as I could at that moment. I am thinking to plead not guilty and to spend some money but I don't know if I will got any chance with the panic attack.

Thank you.

 

[SeanJoyceStephensons]

If you were having a panic attack then this could amount to a reasonable excuse. You would almost certainly need to show that you have a medical history of panic attacks if this is to be successful. It may also cause difficulties if you have not mentioned to the police that you were suffering from a panic attack at the time as the Court would likely ask why you had failed to mention this to them.