Mr

[Dale135]

Charged with failure to provide a specimen

Hi, I have recently been charged with failing to provide - and was in court two weeks ago - then the prosecutor explained that I should also be charged with dangerous driving. I have two go to court again in 3 days was just wondering. As they allege that an off duty officer saw and followed me for 40 mins and my driving was erratic - yet they say I was able to indicate and drive around them when they pulled infront of me. I was also banned several years ago - so I know I'm looking at least a ban and fine - but do u know what the possibility of a custodian sentence would be. And what is meant but serving me I'd papers please. Many thanks sorry this is quite long.

 

[SeanJoyceStephensons]

Dangerous driving on it's own carries the risk of a custodial sentence, coupled with failing to provide there seems to be a significant risk of custody. However as you say an off duty officer followed you for 40 minutes without pulling you over there may be an argument to have this reduced to careless driving.

If you would like to discuss this further please contact my office on 0845002 0736 and ask to speak to Alex.

 

[Dale135]

Then I'm informed that the police are going to serve me I'd papers is that just of my photograph etc when I first arrested

 

[SeanJoyceStephensons]

Did the police mean AD papers? AD is advanced disclosure which is the prosecution evidence. If this is the case then it would be worth giving someone a call once you receive the papers.

 

[Dale135]

I got a letter saying they wish to serve id papers on me and will give me by hand. Also if u fail to provide as in the breath test at a station they don't usually interview you do u know if that's correct as I was interviewed but not interviewed about dangerous driving as that I wasn't charged with but they imposed that charge now. Thanks alot for your replys too

 

[SeanJoyceStephensons]

Typically speaking to police do not interview someone charged with failure to provide a specimen although there are no restrictions on them doing this if they feel it is appropriate. Any admissions that you made in interview can also be used to prosecute you for dangerous driving if they feel they are relevant.