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Thread: Failure to provide

  1. #1
    Gally12 is offline Member
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    May 2018
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    Default Failure to provide

    Hello all.

    I'm a first time offender and in my blind panic I refused yo supply as I wanted a lawyer. It was explained I would be charged with FTP but I was stupidly under the impression that when the lawyer arrived I could blow then. I shall be pleading guilty as I know I have dine wrong.

    I fully complied with the police otherwise and there wasn't aany aggrevation. I wanted to know if the police have to outline every charge on the charge sheet? The reason I askis I had driven about a mile before being pulled but it is a blank. If I had damaged something ( albeit no damage to my car) would the police have to make me aware? As I say there was nothing on the charge sheet and at no point was I interviewed.

    I'm terrified of getting a custodial sentence, I rely on my car and I recognise a ban as a minimum but now my mind is going in over drive and I'm questioning everything.


  2. #2
    price1367 is offline TTC Group Associate Director
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    Default Re: Failure to provide

    The circumstances of your driving will be explained to the court, such as swerving,failing to give way or anything else that you did, and the magistrates will take this into account when deciding the length of your ban. In theory you can have an extra charge added at court if, for example, you had been involved in a collision but as the police knew the facts at the time, they clearly felt that just the drink driving charge was sufficient and it is unlikely that you will face a further charge.

  3. #3
    Gally12 is offline Member
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    Default Re: Failure to provide

    Quote Originally Posted by price1367 View Post
    The circumstances of your driving will be explained to the court, such as swerving,failing to give way or anything else that you did, and the magistrates will take this into account when deciding the length of your ban. In theory you can have an extra charge added at court if, for example, you had been involved in a collision but as the police knew the facts at the time, they clearly felt that just the drink driving charge was sufficient and it is unlikely that you will face a further charge.

    Thank you so much for taking the time to respond, this eases my mind massively. As I say I do remember being picked up and from that point on but the thought of damaging someone property or worse someone worried me.

  4. #4
    Gally12 is offline Member
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    Default Re: Failure to provide

    Hi

    Its my court date tomorrow and im petrified, I can see from the prosecution papers that the police say I was drunk as I had glazed eyes and they could smell alcohol on me. They do say I pulled over immediately when they signalled for me to do so. I refused to provide on the misguidance taht I could speak to a lawyer, all that said I am pleading guilty. Will I recieve a custodial sentance in peoples opinion? It is my first ever offence but i am unsure if they will place me in the category for the biggest penalty given I did refuse.

  5. #5
    price1367 is offline TTC Group Associate Director
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    Default Re: Failure to provide

    The guideline ban for failing to supply is in 3 brackets. 12-16 months for someone who doesn’t supply but there are honestly held reasons, albeit that they do not amount to a defence. The next is 17-28 months where there is a deliberate refusal but no evidence to indicate High intoxication and the third is 29-36 months where there is a deliberate refusal and aggravatig features like clear heavy intoxication. The third one is the one that carries the significant risk of custody, or a community penalty. The second one just carries the risk of a community penalty but not prison.
    tou need to address what the police have said in the prosecution evidence. “Eyes glazed and smelling of alcohol” does not mean you were drunk. Were you tired / suffering from hay fever that could account for some of the symptoms you displayed.
    You should fall into the second bracket from what you have described. But, say, hay fever and fatigue played a part, and you stress how foolish you were, never having been in trouble and thought it only reasonable to speak to a solicitor before deciding to provide a sample then you might squeeze into the first bracket.
    You may get to speak to the duty solicitor when you arrive at court who MIGHT speak for you in court. But that will depend on how busy he / she is. Either way, make sure that a request is made to attend a Drink Drive Rehabilitation Course because if you complete this then you will get up to 25% off the ban you are give. It has to be offered and accepted on the day, you cannot get it once your case is finished.

    Let us know how you get on. Go suited and booted to show respect to the court.

  6. #6
    Gally12 is offline Member
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    Default Re: Failure to provide

    Quote Originally Posted by price1367 View Post
    The guideline ban for failing to supply is in 3 brackets. 12-16 months for someone who doesn’t supply but there are honestly held reasons, albeit that they do not amount to a defence. The next is 17-28 months where there is a deliberate refusal but no evidence to indicate High intoxication and the third is 29-36 months where there is a deliberate refusal and aggravatig features like clear heavy intoxication. The third one is the one that carries the significant risk of custody, or a community penalty. The second one just carries the risk of a community penalty but not prison.
    tou need to address what the police have said in the prosecution evidence. “Eyes glazed and smelling of alcohol” does not mean you were drunk. Were you tired / suffering from hay fever that could account for some of the symptoms you displayed.
    You should fall into the second bracket from what you have described. But, say, hay fever and fatigue played a part, and you stress how foolish you were, never having been in trouble and thought it only reasonable to speak to a solicitor before deciding to provide a sample then you might squeeze into the first bracket.
    You may get to speak to the duty solicitor when you arrive at court who MIGHT speak for you in court. But that will depend on how busy he / she is. Either way, make sure that a request is made to attend a Drink Drive Rehabilitation Course because if you complete this then you will get up to 25% off the ban you are give. It has to be offered and accepted on the day, you cannot get it once your case is finished.

    Let us know how you get on. Go suited and booted to show respect to the court.

    Once again, thank you so much for your wholesome response, given i did refuse and I had, had a drink I feel I deserve my punishment and I am hoping to fall in the middle bracket as i didnt cause any harm to anybodys property or indeed any individual. I just hope the magistrates take my references into account. I am unsure how they quantify heavy intoxication but given i complied apart from not taking the breathalyzer and no damage was caused I hope this is enough to mitigate the risk of me falling into the third category.

  7. #7
    Gally12 is offline Member
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    Default Re: Failure to provide

    Convicted Driver Insurance Quotes
    By way of update, I was sentenced yesterday

    £85 Court Cost
    £85 Victim Surcharge

    120 hours community service

    20 month ban (reducing to 15 with Driver Rehabilitation course)

    All in all I am happy with that outcome.

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