failture to provide 2nd time

[rockyroad]

hi ive already posted a detailed account of my situation in the ask the solicitors section, I'm being charged with fail to provide but I couldn't blow because of my sore throat and the cops knew this, why wasn't I ordered a urine or blood sample can I argue this in court? I'm booked to see a solicitor in a weeks time but I'm worred sick, ive been done 3 times 2 drink drives and 1 failure in the space of a year I was having a nervous breakdown at the time I know its not a excuse but my life was in a real mess think it was about 10 or 11 years ago. I got 5 yr ban and 3months jail any advise please I'm worried

 

[price1367]

Your only defence will be to show that you had 'reasonable cause' to not provide a sample.
your problem is that the evidence will show that you had enough breath to shout at the police officer. It sounds like you became hysterical and that is not a reason to fail to provide a sample. Neither, in my opinion, is a sore throat.
You will have to be guided by what the solicitor says, but if you plead not guilty on the technicality that you were unable to supply due to medical reasons, you run the risk, if found guilty, of a lot more evidence being given in court - by the witness about your driving, and the police about your behaviour at the scene and afterwards, - than would be heard by the court in a guilty plea.
In a nutshell, I am saying that you have a slim chance of getting off, but if you go down that route of pleading not guilty and you lose, it will be much worse for you than a guilty plea in the first place.
It seems clear that you were over the limit, as you blew 42 at 6am the next morning so were still over. In your shoes I would plead guilty to failing to supply and hope that only a brief outline of the circumstances are given to the court.

 

[rockyroad]

hi there thanks for the reply I know your right just trying to clutch at straws here. how I acted to the police was appalling if they drag all that up I`m done for! I'm going to ask the solicitor to help me do a mitigation guilty plea I hadn't had a drink for 5 years till the other night and ive had a steady job for 6 years and I'm married also can get good character statements from my boss and driving instructor do u think this will help? thanks

 

[rockyroad]

hi guys thought I would let u know the outcome of my court case. and that it may help you. I was in court on 19th December I decided to pay for good well known solicitor because my history is not good to say the leas the prosecution woman was out for my blood apparently I was deliberately pulling the tube off the breath test in the station which was a lie, my solicitor argued saying that I cooperated by the road side test(I blew 90) and with my previous fail to provides why the hell would I do that when I knew full well it was a higher charge, also they had a witness statement from the guy who rang the cops he told them I mounted kerb at least 4 times( there was no damage to that side of my wheels what so ever) that was a lie! I am very surprised and pleased they didn't mention my abusive behaviour to the police officers they normally add a bit in to paint you into a bad character think she thought she had enough on me.

will advise getting a solicitor because u never know what there going to say in court about you and without him and the fantastic mitigation he put forward was worth the 1500. I had a very good reference from my boss and driving instructor (I only passed in august) also my husband wrote my life history so they can get a understanding of what ive been through and what I have now achieved I wrote apology statement to magistrates and police saying sorry about my disgraceful behaviour and reckless decision to drive. ( if anyone needs help with this let me know)

so I blew 90 then failed to provide 3rd time. On my previous conviction sheet I found out it was one fail to provide and a excess alcohol in 04 second fail to provide in 05 that how bad I was in them days couldn't even remember my convictions! I feel very lucky I got 18month ban but was offered drink drive rehabilitation so that will knock off 18weeks I think(march 18) and 315 fine. its been horrendous the stress of it all ive made a pact if I ever drink again in this ban I'm not going to apply for my licence back its just not worth it I could of killed someone.

 

[price1367]

Sounds like a decent result for you, and not all the circumstances came out, otherwise it could have been worse. The guidance for a simple fail to provide, with no real 'excuse' and no evidence of particular drunkenness is 17-28 months so you were at the bottom end of that.
Thanks for letting us know.