advice needed: being charged with "failing to provide a specimen for analysis"

Convicted Driver Insurance

veryremorseful

New Member
advice needed: being charged with "failing to provide a specimen for analysis"

Hi guys. I am in despesrate need of you help.
I was stopped on Sunday morning around 3.30 am. the reason the officer gave was that i apparently almost hit a traffic island. he said i looked sober but he wanted me to breathalyze me just in case. i agreed to take a test however the machine failed to provide a reading. i was then arrested and taken to a police station where i blew on the machine in the station however that failed to provide a reading as well. (apparently i failed to blow hard enough)
i then suggested to them a urine or blood test however both were declined. i co-operated fully at all times and followed every instruction. i was held overnight and then charged with failing to to provide a specimen in the morning.
(i was very respective and co-operative at all times)

My court date is next week Tuesday and i was wondering whether you guys could advice me on how to plead to get the least possible sentence. thanks in advance.
 
Re: advice needed: being charged with "failing to provide a specimen for analysis"

all i know is now u will be classed as high risk to the dvla and after your ban witch i wouldnt like to say how long that will be , you will be asked to have a medical with the dvla to get back on the road and that in its self can be a bugger to get though !


all the best ouchie
 
Re: advice needed: being charged with "failing to provide a specimen for analysis"

Hi. I work in custody so I know quiet a lot. Failure to provide a specimen, I dont see how you can be charged. When I got caught with my DUI I knew I was guilty. However, the breath test (this machine is called EBTI) is the real test as it is the police need the print out as evidence. had many goes and prior to the last they said if I couldnt blow hard enough the FME (Forensic Medical Doctor) wouls have to take blood.

I asked for my custody record. Under PACE (police and criminal evidence) you have a right to your custody record. It will contain (or should do) that you tried the breath test and asked for blood/urine to be done.

I dont know if you are UK based. As for entering your plead, personally I would say not guilty. It is for the court to prove your guilt and they have no evidence.

If you are entitled to legal aid then ask a solicitor but if you dont there is a duty solicitor at court, which is free.
 
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Re: advice needed: being charged with "failing to provide a specimen for analysis"

Ouchie, he would not be a high risk. Also, by law, not everyone has a medical. If you have been caught two times in three years then yes a medical would be compulsory.
 
Re: advice needed: being charged with "failing to provide a specimen for analysis"

Allow me to clear up some misunderstandings here.

The DVLA class the following as high risk offenders:
i) anyone disqualified twice within 10 years for a drink driving offence
ii) anyone who is convicted of driving while 2.5 times over the legal limit. This equates to:
a) 87.5mg per 100ml of breath
b) 200 mg per 100ml of blood or
c) 267.5 mg per 100ml of urine
iii) anyone who fails or refuses without reasonable excuse to supply a specimen of breath, blood or urine.

High risk offenders are required to satisfy the Medical Advisor at the DVLA that they do not have a drink problem and are fit to drive before getting their licence back.

The DVLA write to all those who fall under the high risk offender scheme informing them of what they need to do to apply for the return of their licence. This will include undergoing a medical with an approved DVLA medical practitioner. Lists of approved medical practitioner's in your area are available from the DVLA. A DVLA leaflet explaining the high risk offender scheme can be found at: http://www.dft.gov.uk/think_media/241033/241066/publications_highrisk.pdf

The allegation you face is failing or refusing to provide a sample of breath without reasonable excuse. Firstly the prosecution must prove that a valid request for you to provide a breath sample was made. Under section 6 of the Road Traffic Act 1988 the police can request a sample of breath if:
i) you are the driver of a vehicle believed to have been involved in a road traffic collision,
ii) you are suspected of driving or attempting to drive having consumed alcohol or
iii) you are suspected of having committed a moving road traffic offence.

Be wary of advice that the police "have no evidence". The police have to prove that the request was lawfully made, you were warned about the consequences of refusal or failure and that you did in fact refuse or fail to provide the sample. However, the onus then shifts to you as the Defendant to prove on the balance of probabilities that you had a reasonable excuse for not supplying a sample. "Reasonable excuse" covers a range of circumstances but could involve a medical reason for being unable to supply the sample. Another possibility is that the machine was not functioning correctly. You would have to push the prosecution for disclosure of ALL the evidence (including evidence that they might not want to disclose or even that they don't know exists to begin with), in order to prove this.

If convicted the offence carries up to a maximum of 6 months imprisonment although more often than not a fine is imposed. The Magistrates sentencing guidelines suggest a 2 year disqualification as a starting point but this can be successfully mitigated down on ocassions to a shorter ban.

A ban is mandatory if the court are satisfied that you have been driving or intended to drive.
 
Re: advice needed: being charged with "failing to provide a specimen for analysis"

there u go kitten


The DVLA class the following as high risk offenders:
i) anyone disqualified twice within 10 years for a drink driving offence
ii) anyone who is convicted of driving while 2.5 times over the legal limit. This equates to:
a) 87.5mg per 100ml of breath
b) 200 mg per 100ml of blood or
c) 267.5 mg per 100ml of urine
iii) anyone who FAILS or refuses without reasonable excuse to supply a specimen of breath, blood or urine.

fails to give / and then if they find u guilty , so stop giving it the beans yer ! :p
 
Re: advice needed: being charged with "failing to provide a specimen for analysis"

veryremorseful said:
Hi guys. I am in despesrate need of you help.
I was stopped on Sunday morning around 3.30 am. the reason the officer gave was that i apparently almost hit a traffic island. he said i looked sober but he wanted me to breathalyze me just in case. i agreed to take a test however the machine failed to provide a reading. i was then arrested and taken to a police station where i blew on the machine in the station however that failed to provide a reading as well. (apparently i failed to blow hard enough)
i then suggested to them a urine or blood test however both were declined. i co-operated fully at all times and followed every instruction. i was held overnight and then charged with failing to to provide a specimen in the morning.
(i was very respective and co-operative at all times)

My court date is next week Tuesday and i was wondering whether you guys could advice me on how to plead to get the least possible sentence. thanks in advance.
Click to expand...






WHAT WAS THE OUTCOME BECAUSE THE SAME THING HAPPENED TO ME AND IM VERY SCARED
 
Re: advice needed: being charged with "failing to provide a specimen for analysis"

WHAT WAS THE OUTCOME VERYREMORESFUL? THE SAME THING HAPPENED TO ME AND I WAS ACCUSED OF BEING A LIAR WHEN BLOWING MY LUNGS OUT IN THE MACHINE. SO SCARED
 
Re: advice needed: being charged with "failing to provide a specimen for analysis"



i was charged with "suspicion" of drink driving once because the machine failed to take a conclusive reading (they were too varied) i recieved a letter in the post saying i wasnt required to attend court an that was that, end of story, if the police cant prove without reasonable doubt you were over the linit, they cant charge you with drink driving, only "suspicion of" while they check with the cps to see if they have a case, an without evidence, they have nothing,

thats from my own real life experience and not from a theoretical law statement so im not wrong before anyone spits their dummy out
 
Re: advice needed: being charged with "failing to provide a specimen for analysis"

I so hope that will happen to me too, but for some reason I totally doubt that will be the case. How long after did they write to you?
I have a court order on the 14th june, i asked for advice from a lawyer, he said that i should not plead guilty and go through a psychiatric assessment to prove a reason for the breath machines to fail both at roadside and in station.
The report says that: fail to provide specimen for analysis road traffic act.
that meant at roadside i wasn't collaborating which was a total lie. the breathelyser read failed yet at the station it still read failed as much as i blew into it. i was not told to produce another specimen of any sort and was directly put in a cell for 6hrs straight. not a good experience at all.
never have i lied n have been in such a scarier position. im tearing my hair out :(
 
Re: advice needed: being charged with "failing to provide a specimen for analysis"

La Lola what was your outcome?
 
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