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Thread: advice needed

  1. #1
    glenn is offline Member
    Join Date
    Jun 2010
    Posts
    4

    Default advice needed

    Hi i was done for dd i blew in the machine at the staition and was told to blow again for the second specimen,i asked what the reading was? and the officer replied that the machine dont tell you what you blew,i know that was a lie so after a little ranting he told me it was 69, now he told me to blow again,dont you have to leave it for a while before i blow again,no is the reply? thinking he is trying to trap me i asked for a blood test,you cant have one i was told. now i am being told iam refusing to give a sample,no i aint i just want to see the doc..you want to see the doc asked the officer. yes i reply with that i was put in a cell,the doc came and saw me gave me a test,when i asked him if he is gonna take my blood he said no..iam just here to make sure your okay so now iam charged for not providing a test.this is my first time is it worth getting legal aid.thanks for any replys


  2. #2
    redzed is offline Member
    Join Date
    May 2010
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    96

    Default Re: advice needed

    It's fine to do the second breath test shortly after the first. The machine will re-calibrate itself between tests. Everyone must do the 2 breath tests in the police station. If your reading is 40 to 50 you have the right to ask for a blood test to be carried out. The only other way to get out of the breath test is if you have proven medical problems to do with your breathing etc then your blood will be tested instead. Any reading above 50 using a breathalyser in the station and you'll be charged with dd. When I did my breath tests in the police station I was told the results only after the 2 tests were completed. I was also told the lowest is the one that they would use.

    Unfortunately you've done the wrong thing by not co-operating with the police. The time to ask questions about their procedures would have been when you talked to a solicitor.

    You definitely need to ask for advice on how to procede but as far as I know you're only likely to get legal aid if there's the possibility of receiving a custodial sentence and the likelihood of that all depends on any past convictions that you may have.

  3. #3
    Join Date
    Nov 2008
    Location
    I represent people accused of road traffic offences all over England and Wales
    Posts
    3,178

    Default Re: advice needed

    The only defence to Failing to Provide is if you had a reasonable excuse for not providing a sample, such as a good medical reason. Concerns about the procedure or the fact the officer would not inform you of the results part way through the test will not be regarded as a reasonable excuse for not providing.

    Legal aid is means tested and your case must also pass the merits test. If this is your first offence, then unless there is a substantial question of law or you have a defence in law or are at risk of going to prison (if this is your fist offence then you are not) then you are unlikely to get legal aid.

    We can, however, provide fixed fee legal representation at any court in England or Wales. Please call us on 08450020736 for a free no obligation discussion.

  4. #4
    glenn is offline Member
    Join Date
    Jun 2010
    Posts
    4

    Default Re: advice needed

    I was not refusing to give a sample..it was a misunderstanding on my side i thought the doc was gonna take my blood.i hardly ever drink and have learn't my lesson the hard way.. what do you recon i will get? i have a clean licence and not been in any trouble..thanks for all the advice and i will not be touching the stuff again.

  5. #5
    redzed is offline Member
    Join Date
    May 2010
    Posts
    96

    Default Re: advice needed

    Convicted Driver Insurance Quotes
    Input your info into the following guidelines,

    http://www.drinkdriving.org/drink_dr...guidelines.php

    I would imagine that you'll get the max ban that the magistrates can give you in relation to your BAC reading. The only way to reduce the length of ban closer to the minimum would be by employing a good solicitor.

    ps, I don't profess to being an expert but you can learn quite a lot when you have to.

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