Released but told to expect a summons

[BarryMcCowan]

Recently crashed my car in the early hours of Saturday morning. I'd had a drink (few beers followed by a few hours and some food) and swerved my car to avoid an animal (and apparently smashed into a post at about 35mph).

I don't really remember much around/after that but apparently I was conscious at first before fitting and having an ambulance called before being bundled into a police car unconscious.

I'm now wondering where I stand as after waking up in a hospital bed and being told I'd been arrested I was taken to a police station and released without charge. The custody sgt informed me I should expect a court summons and to prepare accordingly but I have very little recollection of what happened and am at a loss!

Can you advise me on what to expect? I was told to expect a summons for failing to provide a specimen but received no paperwork other than a note from the hospital about head trauma!

What do I do?

 

[SeanJoyceStephensons]

It is unclear from your question whether you are accused of failing to provide a breath, blood or urine sample. Neither is it clear whether you were ever actually taken to a police station. These questions are important.

If you were taken directly to hospital and were never taken to the police station at any stage then it's more likely you were asked to provide a blood sample rather than a breath sample.

In either case the police would have to show that you were capable of understanding the request and the consequences of refusal. If you can show that this was not the cas due to your injuries then you may have the basis of a defence. To defend the case on this basis won't be easy. Appropriate medical evidence will be required and you should take specialist legal advice. I would advise you to do this sooner rather than later as there are preparatory steps that you could at this early stage.

There is a 6 month time limit within which a summons must be requested. This is likely to be sent to you in the post.

If convicted you face a disqualification and up to 6 months in prison. The guideline sentences for Failing to PRovide a specimen start at about 2 years

 

[BarryMcCowan]

I believe I was taken to the station but sent straight to the hospital by the duty sgt due to my injuries. It's possible blood was taken but I am extremely needlephobic! (will that cause more problems?)

What could be classed as appropriate medical evidence? I have been looking at your site and am considering taken some formative steps.

6 months imprisonment is a terrifying prospect though - is that common? Is there no option to face a fine?

 

[SeanJoyceStephensons]

6 months prison is the maximum sentence. The Court are free to impose whatever sentence they deem appropriate. This could be a fine instead, or a community order. This is likely to depend on the extent of the crash you were invovled in and extent of damage caused and any other aggravating features such as the manner of driving.

A genuine phobia of needles would be a defence but you would have to prove this is a phobia rather than a dislike.

We can give specific advice about what medical evidence to obtain if you call us for a chat. I would start with a copy of your medical notes from the hospital and then ask an expert in head trauma to look at your notes and comment on what impact these injuries may have had on your ability to understand the procedure, the request and the consequences of refusing to comply.