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Thread: You might as well not blow.

  1. #11
    JANICE IAN is offline New Member
    Join Date
    May 2018

    Default Re: You might as well not blow.

    Quote Originally Posted by ukboxer View Post
    The refusal you refer to is 'failure to cooperate with a preliminary breath test'. The maximum penalty for this offence includes four penalty points that remain on your licence for four years or a 12 - 36 month driving disqualification plus fine. It is very rare that someone is charged with this offence alone.

    Failure to comply with the requirement to take a roadside preliminary breath test will lead to arrest and a further requirement to provide an evidential specimen for analysis at the Police Station.

    In the circumstances you give, you would be arrested for failure to provide a preliminary breath test and taken to the station in order to provide an evidential specimen. If you subsequently refused to provide this specimen you would be charged with failure to provide a specimen for analysis. With a hypothetical level of alcohol at 126 you would likely be charged with deliberate refusal or deliberate failure with evidence of serious impairment such as stumbling, slurring words, obvious signs of serious impairment etc that will be aggravating in Court.

    The maximum penalty for refusing to provide a specimen for analysis is 6 months imprisonment (although a fine is usually adequate for a first time offence) with a mandatory disqualification of atleast 12 months, although it is often much longer as the Courts will believe you were trying to conceal a very high level of alcohol. This offence will remain on your licence for 11 years.

    I would suggest its never a good idea to refuse any breath test even if you know you will provide a high reading as the penalty for a high reading is usually the same as a refusal which will class you as a high risk offender.

    I was recently arrested for failure to provide and assault on a police officer in the same incident. Yesterday I attended court and was scared into pleading guilty for the failure to provide (I remained a not guilty plea for assault police) the barrister told me even though I have no previous a clean drivers license for 12yrs never had any problems with the police that because I ‘refused’ to provide a sample (which in my defence was because I was under mental stress plus mouth injury following the car accident I had just got into hence the police being called and also because they was there I felt I may need legal advice as my license in my job is very important plus I had admitted to having a glass of wine over a dinner at a friends house)

    I want to know if I should apply to change my plea back to not guilty and change my council as I have no faith in the company that i currently have.

  2. #12
    price1367 is offline TTC Group Associate Director
    Join Date
    Oct 2012
    Telford, Shropshire

    Default Re: You might as well not blow.

    Convicted Driver Insurance Quotes
    Have you pleaded guilty to failing to provide and been sentenced for this, i.e. banned from driving?

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