Failing to supply specimen for analysis

Convicted Driver Insurance

Anothersillyfool

Member
Hi there.

I made what I now consider a very foolish decision to drive two hours after consuming two glasses of wine. Whilst I am ashamed and appalled at the consequences and situation I find myself in, remorseful also and will never ever again consider driving after drinking, I'm also a little bewildered as to my roadside reading, which was 61.

It was to my advantage that I take the test at the police station, as I just couldn't see how the reading could be so high after two hours, and two glasses of wine. However despite three attempts at the test, I did not produce a specimen and have subsequently been charged with Failing to supply a specimen for analysis. I was in state of shock, and very stressed, however I did exactly as the officer told me, in exactly the same way I had the roadside test. I have just been looking at what can cause a breathalyser to fail, and have read something of an invalid sample when the scale between readings is too great (it was very technical, do excuse me) and was wondering if the printout would state where the problem in the test lay? Could this possibly be the cause of my fail? or is an invalid sample something completely different? After returning to the Police Station some 6 hours later to pick up my car keys, I again managed to do the handheld breathalyser, with a zero result.

Also, after charging me, the officer told me that I might not neccessarily be prosecuted, so not to start worrying about disqualification just yet, but that I should get a lawyer. Is this normal? Having read up on the charge, and given that I don't think shock and stress are reasonable excuse, and therefore I am inherently guilty of the charge, the outcome is worse than that of drink driving, with a mandatory ban and the potential for a custodial sentence. Was he just trying to make me feel better? Because at that point, nothing would.

Ashamed still, and will never again drive after drinking.

Thanks for any help, and apolgies for the wordiness.
 
There are many different reasons why people fail to supply breath samples. Some people, of course, deliberately and wilfully refuse to supply a sample, often because they know they will be over the limit! However, if you are adamant that you tried your best but were physically unable to provide a sample then it may be worth asking a lawyer for specific advice. There is a defence of "reasonable excuse". This may be made out if, for example, there was a physical or medical reason for you being unable to provide a sample. It could also be a problem or defect with the machine itself. To establish this then you should consider requesting disclosure of very specific items of evidence. This usually meets with some resistence from the police/prosecution.

We would be happy to look at the evidence in your case, starting with the print out from the breath test, and give you an opinion about what the potential cause of the failure might be and whether you have a defence that has any merit or not.

Feel free to email us direct or call us on 0845 0020736.
 
Thanks for your reply Sean. I spoke to a Solicitor a short while ago, she seems to think I'm definitely looking at a ban, as it's highly unlikely that the machine was wrong in any way, my only mitigating circumstances being my nerves and state of shock. But hey, I can imagine everyone being the same in such circumstances, but not everyone fails to deliver a sample. I just don't know why mine didn't. I tried so hard. It was in my interest to take the test as even the police officer said it might have reduced considerably.

It would seem I have been especially naiive for some considerable time, regarding the guidelines for alcohol consumption and legal limits. Whereas I thought two hours would be enough to absorb much of my two glasses of wine, she explained to me that I would still have been well over the limit.
This whole thing has been a wake up call of the highest order. Haven't really eaten or slept since Fiday, and I can only thank god no accident occurred, because I really don't think I could have lived with myself.

I really have been a fool.

Thankyou for your help though.
 
I've since found out that the police have no obligation to provide a blood/urine test, and I have no right to request one, which I didn't, well not forcefully anyway.. I didn't realise that the roadside breathtest was inadmissable as evidence.

I didn't realise a lot of things, but whatever, I can sleep even less and concentration has gone for a burton.
 
You must log in or register to reply here.
Enter code DRINKDRIVING10 during checkout for 10% off
Top