Mum arrested for drink driving - failure to provide - legal aid options

[help123]

Hi.

On Sunday night, my mother was pulled over by the police and the alcohol levels in her breath were 120. When she was taken to the police station, she provided one further breathalyser test but could not, despite trying her hardest, provide a second. She did not talk to a solicitor while at the station, and she says that she was not aware of the consequences of not being able to provide a second test until we told her today. My brother phoned the station to inform the police that she is undergoing medical investigation regarding a brain condition, but the police officers did not seem to take the information on board. She is in a bad financial state and so can not afford a solicitor, but we do not know how to go about applying for legal aid, or what the likely court decision will be. Any information about our options would be greatly appreciated.

Thank you for your time.

 

[SeanJoyceStephensons]

A medical condition that physically prevents someone from providing a sample (e.g respiratory disease) is capable of being a "reasonable excuse" and, as such, a defence to failing to provide. The police are under a duty to ensure a suspect understands the consequences of failing to provide. Any suggestion that a suspect has a medical condition that limits their ability to provide a sample or is unable to understand the process or consequences of failing to provide should be properly investigated by the police and medical advice sought during the procedure at the police station. Failure to do so could be a bar to a conviction.

It's not possible to say whether the circumstances in this case amount to a defence or not without a thorough assessment of the evidence by a lawyer and of any medical conditions by an appropriately qualified expert. But it's certainly worthy of further investigation.

Legal aid is subject to both a means and a merits test. The merits test could well be satisfied here but the means test depends on your mother's full financial circumstances.

Legal aid can only be offered by a solicitors firm that holds a criminal legal aid contract with the Legal Aid Agency, as my firm does.

Whether we can help will depend on which court your mother's case is being heard at?

If we can't we can help you identify a firm that can through our national network.

Give my team a call if you want to discuss further.