Failure to provide a sample

[YorkshireBoy]

Hi,

I have been charge with failing to provide a breath sample (I blew one at 74, failed to blow a second) after being found asleep at the wheel parked on the highway outside my house. I do not believe I had driven the car anywhere (though I cannot prove this).

I have seen lots of adverts for defence solicitors whole promise 100% acquittal rate etc and lots of other stuff, but the information is very confusing.

I asked for a solicitor at the police station upon detention, but the forgot to call the duty and this was only offered to me upon being ready to be bailed, at which point I just wanted to leave so declined (perhaps unwisely?).

I have no idea what sort of costs I would face to engage a solicitor, what options the duty solicitor gives me at court or what level of penalty / fine I face when I turn up at court in two weeks time. Part of my employment requires me to be able to drive and I am likely to face financial hardship if/when banned so any advice would be appreciated.

 

[SeanJoyceStephensons]

Defending an allegation of this type can never be guaranteed. The most common way of defending this type of case is by establishing that there was a reasonable excuse for not providing a specimen. You have to provide two specimens on an evidential machine at the station. The fact that you had not driven will not help you defend the case. There does not need to be definitive evidence of driving at the time the request for your breath is made. The charge you face relates to the 'failure' at the police station.

It is important to speak with a specialist in more detail so an idea can be obtained regarding any potential defence based on the circumstances of the failure and events leading up to that.

Financial hardship is unfortunately not something that will stop you being banned in a case like this. Should you entre a guilty plea then court have no discretion to impose anything other than a ban in a case like yours and given the circumstances you have outlined. The penalties for this offence start at a minimum of a 12 months disqualification but can go up to as much as 3 years ban. The guidelines are less definitive and representation is important for something like this. Prices for representation will vary form solicitor to solicitor but I would advise instructing a specialist given the nature of the case. Many solicitors offer no obligation initial telephone advice to give you an idea of defences that could be explored and the costs involved. I would advise that you contact a specialist rather than attend court unrepresented.