Fail to provide a specimen for analysis

Convicted Driver Insurance

Ravinaldo

Member
Hi, I could really do with some advice.

This sunday morning (3:30 am) I was involved in an accident. I had met up with a few friends who had been out. They had been drinking but I had not. They decided to go home and I offered them a lift. Along our journey, I was travelling at a legal speed down a road approaching a left turn, I was not familiar with the surroundings. As I braked to turn I misjudged it, cliped the kerb an went straight into a wall. Thankfully no other vehicles were involved and no pedestrians were injured.

At the time I was in a state of panIc and shock. I had 3 passengers on board of which, 1 seemed to have life threatening injuries. The paramedics turned up first and approached me to find out if I was ok, at the time I was only concerned about my friends well being a directed there attention to him. Me and the other 2 passengers had injuries but he was the priority.

The police then arrived and asked me to head back to the station with them. I was not asked to provide a specimen at the seen and I cooperated fully. Once in the police car making my way to the station I started to feel faint, I was dizzy and in severe pain all over. All I can remember is arriving at the station and being sat down. My eye sight started to go blurry, I was feeling faint, asked for a docter and passed/blacked out. This was approx 4am, and I was thrown into a cell. At approx 8am I came around in the cell with paramedics around me. They got me to my feet and took me to the hospital. I had some X-rays done which revealed I had fractured the base of my thumb and my elbow. Apart from that I had whiplash and pain to my shoulder and back.

I was then taken back to the station where after a further 10 hours in the cell, after seeing the duty solicitor I was released and charge with failure to provide a specimen for analysis. For which I have to attend court (19th October). They also informed me that I had to return to the station on the 18th October to find out if I would also be charged with dangerous driving, as they needed more time to gather evidence.

In the police report they say they smelt alcohol on me at the seen but it was probably from my friends who had been drinking, I certainly had not. And they never asked me for a sample there and then.

I'm extremely worried about this. Apart from going through the ordeal of the accident I now have to go to court and face losing my license and being charged for an offence I had no control over. I certainly wasnt drIving dangerously. It was a genuine accident.

I wish to plead not guilty at court but don't fancy my chances. I'm really down at the moment and still in a lot of pain and shock from the experience.

What chances do I have? Also if they then decided they wish to charge me with dangerous driving that will mean my insurance company is unlikely to pay out. I cant bear to think about.

How can they determine that I had been driving dangerously and am I likely to be charge with it? It was a genuine accident yet I'm likely to loose my license, which I've only had for aporox 14 months. And loose a lot of money through my insurance.

Please help, any advice is greatly appreciated.
 
It would certainly be worth looking at a defence in your case on a factual basis. there would be a lot evidence needed to prove dangerous driving and the Police only have you - and the people in the car - that would be able to give them an account of what happened. Cases like this need third party evidence and so you would be well advised to see what they have collected so far. if you can show that you were driving to a reasonable standard then it should be a straight forward case to defend and win.
The failing to provide charge can also be defended and the medical grounds that you have are very strong, perhaps you would call my office on 01942 774159 for a further chat and some representation, thanks
 
Thank you for your response. Today I've picked up a copy of the custody records from the station. They have no witnesses in relation to my driving prior to the accident.

It reads "in relation to the manner of his driving a passenger is still in hospital but there are no witnesses to his driving prior to the offence. Therefore, I authorise that he is bailed for this as at present the male is unable to talk to the police due to his injuries."

Although the custody report does make for a scary read as there are a few references to me being drunk, acting and feigning injury which simply are not true. They also claim they found/arrested me in the drivers seat which is also untrue. I have witnesses. I was outside nowhere near the car but do admit I was driving and cooperated fully. How can they just fabricate the evidence like that? I will fight this all the way as I am innocent..
 
you are certainly going to need a strong factual defence and we need to start building one, the police will continue to say whatever they like until we can prove otherwise, we would be able to do this by firstly speaking with the people that you were with and then serving this evidence in a formal way. The CPS are unlikely to pursue a case that has no prospects of success !
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top