DR30 - First time offence,

Convicted Driver Insurance

max1991

New Member
Hi there,

On 1/1/2011 I crashed whilst driving under the influence. The police were only down the road and attended immediately. I recorded 87mg of alcohol per 100mg of breath. When taken to the station it wasn't made clear to me as to why I could not seek legal advice before proceeding with a calibrated breath test. I was later told it was because no-one was available. Because of this, when taken to take my test I was asking lots of questions and was very worried and anxious as to what was happening. The officer made it clear he was not there to answer my questions and started the test. When told I had a short period of time to do the test I attempted to do so but did not breath hard enough in the time given. this is my first offence and I am a student so therefore assume that I qualify for legal aid or perhaps just advice and assistance. Any guidance on the matter would be much appreciated as so far I am hitting brick walls in terms of seeking legal advice.

Many thanks,

Max
 
The rules regarding access to legal advice prior to a breath test at the police station are complex. In general terms the police are not under a duty to allow access to legal unless there is a solicitor immediately available at the time of the request. If not, there is no obligation on the police to delay the breath test in order to allow access to legal advice.

It may be a defence to a charge of failing to provide a specimen if it transpires that there was a solicitor immediately available, either in the police station or on the telephone.

If however you are convicted of this offence, or plead guilty, the sentence will be determined by the facts found by the Court. The sentence for failing to provide a specimen can range from a disqualification of 12 months to a period of imprisonment. We would need to discuss the facts of the offence with you in order to properly advise on sentence.

If you would like to discuss the matter with a member of the team, please call 0845 002 0736.

Kind regards,


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
 
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