Repeat offence with failure to provide specimen

Convicted Driver Insurance

drinkdriver2

New Member
Hi all,

This is my first post and I am putting this to the public as I am frightened by the prospect of being sentenced to jail time for my offence.

If anyone could provide their opinion on the circumstances it would be much appreciate it. I am of course seeking legal aid in preparation for my court date as well:

I was charged yesterday with failure to provide a blood specimen without reasonable excuse. I was intoxicated but have not been provided with any breathaliser values from previous attempts prior. There was no one incidents/crash or anyone injured as part of my offence but I had travelled some distance.

Even though I refused the specimen I wasn't rude when in the police station just asking for legal aid a number of times.

I was then put in a cell, until I passed a hand held breathilizer (which I failed once in the morning). I then spoke to a solicitor and was charged and provided a court date and taken back to my vechile.

I do have a previous DR10 which was served which started 31st Dec 2007 and finished 30 Mar 2009.

I've seen quite a few posts about repeat offending but not a drink driving scenario with a failure to provide charge.

I am worried to death that I will face prison time for my charge and wondered whether anyone could advise me on my chances.
 
Failing to provide will count as a second conviction in 10 years, so you will trigger the minimum 3 year ban as a punishment.
the police will not have said what the previous attempts have shown, because the sample is only complete when 2 satisfactory samples have been provided, and the lower of the 2 is then recorded.
Because there was no accident involved, this offence will not involve a custodial sentence.
 
Thanks for the input.

I really hope you are correct about the prison time.

I'll post the result after my hearing later on this month.
 
Sorry to still talk about this, but need to follow up. Just wanted to add I was extremely intoxicated, I don't think I was rude but my memory is hazy. Am I still likely to miss a prison sentence?
 
The outcome will depend on how much evidence is produced in court about your level of intoxication.
the guidance for a second conviction in 10 years is a 36-60 month ban.
If it is shown that you were quite drunk then you may be looking at the top end of that range, and a community penalty which could include an alcohol treatment order. This commonly involves a "drink impaired drivers course.' with 14 or 15 2 hour sessions looking to reduce your alcohol consumption.
hopefully you will be offered a Drink Drive Rehabilitation Course as well. This is a 2 1/2 day course done during your ban and can reduce the length of it by up to 25%. It has to be offered and accepted on the day. (but you do not have to do it, even if you agree, you just serve your full ban) If the magistrates do not mention it then you can ask them to be allowed to do the course.
i till believe that this will not involve a custodial sentence. You last conviction was 9 years ago and there was no road traffic collision involved.
 
Hi,

My day in court was today so thought I would follow up and let people know what sentence I received.

I recieved a sentence which the magistrate moved below the usual band given for the offence. I recieved a 3 year ban and a fine in the end (I had built a decent portfolio of character refs, doctor referrals and evidence of attendance of alcoholic rehabilitation sessions since the incident which helped when I was referred to the probation officer). There was no community order imposed or any more severe punishment. However, the fine was increased within the band this crime would usually be classed as. The only thing which could of improved the sentence was not being offered the drink driving awareness course to reduce the length of the ban by 25%. Reason being I had already done it on my previous offence and they had already moved by punishment to the more lenient band. To me this was a remarkable result and thank my lucky stars the punishment wasn't more severe.

After going through the ordeal I thought I would offer some advice to those who find themselves in a similar position:

1. Get yourself a good Solicitor. It costs money, but it can make all the difference.
2. Meet your Solicitor face to face. I met mine twice before the trial then again on the day. I also sent emails and had conversations with them constantly before the court appearance.
3. Be prepared to spend more than one day at the magistrates court. I was lucky according to the Solicitor. Normally they are too busy to give a sentence in the same day so you have to return for sentencing.
4. Dress smart. Suit, tie, smart shoes and treat the judges and ushers with respect.
5. Use the time which you have between the incident and the court appearance effectively. Building your own case of evidence demonstrating you recognise you have an issue and are doing as much as possible to deal with this without the need for intervention of the probation service can help. Other areas such as character references and medical factors can also effect sentencing.
6. If possible get hold of the police case detailed report (I think it's got an acronym of IDPC? - someone correct me if wrong) prior to the court appearance. Your Solicitor can apply for this. The more info you have early the better prepared you will be.
7. You are going to get banned (unless pleading not guilty). Make preparations for this early. Do you need to move for work? Sell your car? Arrange a lift? Work out bus routes etc? Prepare for this early as it is something that you are going to need to deal with regardless.
8. You want to keep this quiet. But 3 years is a long time... Some people will need to know, but keep it in your inner circle if possible.

All the above is fairly obvious stuff but thought it might help someone who like me initially thought their whole life had fallen apart.

Finally I know it sounds ridiculous after a second offence, but I will never be getting behind the wheel of a car having touched alcohol again. I have been sober since and after going to the AA meetings leading up to the court session I am going to remain sober moving forward. As well as this, the thought of incarceration frightens the life out of me.

To anyone else going through this I wish you all the best and hope that this forum post proves useful.
 
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