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Thread: Charge clarification

  1. #1
    JC1998 is offline New Member
    Join Date
    Jun 2018
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    1

    Default Charge clarification

    Please could you explain this charge:
    "when suspected of having driven a vehicle and having been required to provide a specimen of breath for analysis by means of a device of a type approved by the Secretary of State pursuant to section 7 of the Road Traffic Act 1988 in the course of an investigation into whether you had committed an offence under section 3A, 4, 5 or 5A thereof, failed without reasonable excuse to do so."

    My friend has been charged with this offence. He is a student from India and tried to give a breath sample 3 times. He had been drinking and doesn't remember what happened after that. He was placed in custody overnight and bailed without condition the following morning.

    Please could you tell me what the penalty is likely to be?


  2. #2
    Join Date
    Nov 2008
    Location
    I represent people accused of road traffic offences all over England and Wales
    Posts
    3,194

    Default Re: Charge clarification

    This is an offence more commonly known as failing to provide a specimen of breath for analysis. It would be issued when the police believe that someone has failed to satisfy the breathalyser at the police station without reasonable excuse. Defending this sort of charge can be difficult unless it can be established that there is a genuine reason for why he could not provide, such as a medical reason. The penalty for this sort of offence is wide open in that it ranges from a minimum ban of 12 months up to a ban of 36 months. Alongside a ban, the court will impose either a fine, a community order or a prison sentence in the most6 serious cases where there is evidence of serious impairment and there are other aggravating factors. I would highly recommend your friend contact a specialist to discuss his options in more detail, on 0333 323 3727

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