Hi, last december the 23rd I where arrested for being near a road collision which the people involved had run off and took to the police station for a breathe test. I blew 84 on the test. But the second sample i tried my best but could not give a sample. They arrested me for failing to provide a sample. I asked for a blood test which they refused as i said something was either wrong with me or the machine and i would like to see a docter which they never let me see and they did not give me a blood test or urine test they just charged me the next day and let me go. It is now september and I am up for trial in november 11th 2013. I have asked for the cctv from the custody in the required time 90days from arrest and they do not have it. I wanted the cctv to show my cooperation and that i have not refused and offered further samples.They eventually found the car driver and charged him with dangerous driving.i think it is not fair or justified as i could not prove any medical reason at the time as i am not a docter only a docter could examine me and there could have been reason i failed to provide. The machine could have been tampered with as the police where very hostile with me. I do not think it is justified that the police have to follow rules and procedures and clearly have not but still have a wild card and can do what they want. I was not driving a car they know this and I was never un-cooperative with them. what can i do as i do not want to lose my licence
You are required to provide two separate samples of breath for analysis for the sample to be complete. However, the police must show that the request for a breath specimen was reasonable and lawful. If they can do that then you would have two potential lines of argument.
The first is that that you had a lawful, reasonable excuse for failing to provide the second sample. The burden of proof is on you to prove this. You would need to be clear about what the reason was and prove this to the satisfaction of the court. This is something you should discuss in more detail with your solicitor. If you were successful in arguing this defence then you would be acquitted (i.e found not guilty) and there would be no disqualification or other penalty imposed.
If there was no reasonable excuse then you would be guilty of the offence even though you were not actually driving the vehicle. However, if the court accepted that you were not the driver then you could seek to persuade the court that a disqualification from driving is not appropriate on this basis. If the police have charged someone else with Dangerous Driving arising out of the exact same incident then the prosecution may be prepared to concede the fact you were not driving. This is something that a solicitor could discuss with the prosecution on your behalf before the hearing.
If you are sentenced on the basis you were the driver then the offence carries a minimum 12 month disaqualification but this is often extended to 18-24 months.
i blew 84 into the police station machine but i found this very difficult, the other copule attempts i almost managed to complete it but did not. when the officer said i where further arrested for failing to provide I stated something was either wrong with me or the machine and i wanted a blood and urine test. the officer sarcasticly said she does not need to offer me no more testing and i will be losing my licenece. she actually looked to be enjoying the whole process. I stated something was either wrong with me or the machine and i would like to be examined by a docter. they never let me see a docter and i asked three times from my cell intercom. They did not reset the machine to check if it was not working properly i feel like I have been as far as i could cooperative and wanted to give more samples i was not intending to fail. The cctv has been requested from the police station and they have told my solicitor it is un-available. The cctv will back up my story and concerns i rasied at the time. They asked me if i had any medical reason why i couldnt provide i replied i was not sure i am not a docter but i had tried my best to provide breath. I do not think this is fair or acceptable i am sure there are procedures the police must follow. How can they lose the cctv? and i am sure it is my right to be examined by a docter if i request it. can you help me please. I am not trying to get away with a crime as i have not committed any i cannot believe the justice system after this
i feel like i am being persecuted for not being phsyically able to perform a police process. Yet the police have not followed basic processes there are supposed to and have no concequence at all, losing cctv that could be evidence that i asked to see a docter, and not provding me with a docter, this is when i am under suspision off being in a 90mph head on collision. i feel like i have been fitted up
If no medical reason is given to the police, e.g. suffering from asthma, then they would not normally be required to offer a blood or urine test as an alternative. If there was an issue with the intoximeter itself then your solicitor can request the necessary documents from the police to check if there appears to be any fault with the machine.
I would heavily advise that you discuss these matters with your solicitor as they will have had sight of the prosecution evidence and will be able to advise you far more accurately about any possible abuse of process argument.
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