Charged with failure to provide a specimen

[joe155]

Hi, I have been charged with 'failure to provide a specimen' - I was unable to blow into the breathaliser because I was too drunk.

In the witness statement it says that the police officer saw "how the defendant was trying to get hold of the keys which were still in the ignition, it appeared as though the defendant was still trying to get the engine going by turning the key in order to start the engine" the other officer then took the keys out of the engine before I could start it.

The witness statement also says that the sliding door of the van were open and the passenger door was also open and so was it's window Which may suggest that I wasn't planninng on going anywhere.

As I said I then was unable to perform the breathaliser test because I was too drunk and that is what I am being charged with.
I have no recolletcion of any of this as I was completely intoxicated and am unsure of what my intentions were.


Could you please provide some advice on this?

Many thanks

 

[SeanJoyceStephensons]

In order to properly advise on the likely sentence I would need to see your charge sheet and the relevant witness statement.

On the basis of your post it seems that you may be deemed to have been in charge of a vehicle. In those circumstances, you would be liable for a disqualification of 6 - 12 months together with either a community order or even a short period of imprisonment. That would be on the basis of a deliberate refusal whilst seriously impaired.

If however you were deemed to have been attempting to drive this would attract a more severe sentence. You would be liable for a disqualification of between 29 - 36 months together with a community order or a period of up to 6 months imprisonment.

In those circumstances, given the potential sentence, it is advisable that you seek specialist advice. If you would like to discuss your case with one of our lawyers, please feel free to call 0845 002 0736.


Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce