Failure to provide - serious impairment?

[ramram31]

Hi,

I am in court soon for a failure to provide evidential specimen of breath. I am concerned what will constitute evidence of serious impairment (as stated in the magistrates sentencing guidelines).



Does this 'evidence' only relate to the driving that the officers witnessed or would it be how impaired you appeared whilst in custody?



Thanks

 

[Forum Moderator]

Hi,

I am in court soon for a failure to provide evidential specimen of breath. I am concerned what will constitute evidence of serious impairment (as stated in the magistrates sentencing guidelines).



Does this 'evidence' only relate to the driving that the officers witnessed or would it be how impaired you appeared whilst in custody?



Thanks

It relates to any and all admissable evidence of a persons impairment at the time of the offence. For example if you fell out of the police van vomiting, staggering and slurring your words after being arrested, a note would have been made of this by the police officer(s) who witnessed the event. The same goes for any driving that was witnessed at the time of the offence. Ultimately it will the magistrates decision what sentence you receive and will be based on all evidence put forward to them.