Fail to provide a specimen for analysis

Convicted Driver Insurance

Lolik

New Member
Hello Dear forum readers and experts!I am new but despaired need you help.Just back from hearing due to fail provide specimen of breath,and plead not guilty.as I am on medication for obese to lose weight,and this pills gave me shortness of breath and I can't remember anything,only that I had 1.5 pint of beer and drove about 30 metres and had an accident with parked vehicle.I came out from car starting crying,shouting and when police arrived I failed to provide specimen,been arrested,and provided only one sample of breath at the station.Judge said if you can provided once,than he didn't see the reason why I can't do it second time,but gave me time to find evidence about this medication,as even on description says that this medication cause side effects when using with an alcohol.I never had any criminal conviction before,and not drinking person,it just silly mistake.but I never even knew that there is offence for failing to provide,and wanted to plead guilty for drinking drive,but lawyer told me that's not relevant.I told police officers take my blood but they refuse to do so.Can you pls tell me what is my sentence going to be please as I can't stop crying everyday.thank you in advance.
 
Re: Failing to provide

Do you know what your one reading was. Did the police say at the time?
what is the medication you are on? You say there can be side effects with the medication, but that has to be linked to your apparent inability to blow. Your problem anyway is trying to say that your medication reacts badly with alcohol is not the best defence to put forward to a fail to supply a breath test case..... "I am partly blaming the alcohol".
 
Re: Failing to provide

Thanks for reply medication I am on its called phentamine diethpropion(teanol)-75 mg,and xenical 125 mg 3 times a day.the one reading was 70 and for some reason I couldn't provide second one.honestly I don't know why it's happened with me,even I spent in a hospital after this test as my blood pressure was very high,and Pulse was over 120.they thought I bumped my head and called an ambulance,I been continuous been sick and had panick attack.when I went to the doctor she told me that this pills can cause hallucination,pure concentration,blind vision,chest pain,high blood pressure,shortness of breath.I don't know what was happened with me,as I don't drink often once in the New Year.this day I had stressfull information due to the family curcumstances,and personally I told officer that I was drinking and even told them that I am guilty,and became criminal since I drove the vehicle,but they charged me for failing to provide specimen.my career will ruin,kids education and activities outside of school will be effected,I really don't know what is my options?thanks for all your kindness replies.
 
Re: Failing to provide

Also I like to add that I thanks God everyday that I don't kill no one,and no make no one disable,and only hit parked vehicle bumper.I have learnt my lesson,but on that day it wasn't myself,completely out of character.thanks again.
 
Your first medication shows the following:
SIDE EFFECTS: Side effects include diarrhea, dry mouth, constipation, an unpleasant taste, hives, impotence, palpitations, high blood pressure, and fast heart rates. Central nervous system side effects include overstimulation, insomnia, restlessness, tremor, and dizziness.
The guidelines for the medication says that you should not mix it with alcohol and there can be effects when driving that you should be careful of.
it may well be that you did not read the advice sheet beforehand, but if you have taken medication that could be affected by alcohol, then take alcohol, you cannot complain about it afterwards. It is up to you to check first.
You could explore with a specialist solicitor to see if they would look at a defence based on an inability to blow 2 breath samples because of the medication. Did you tell the police what you were on when they asked you when booked into custody? I ink, however, that if you try to run with that defence, then CPS could just change the charge to driving whilst unfit, introducing the evidence of your 1 reading, your demeanour at the scene and the medication that you had taken.
In a not guilty plea, you can expect costs increase from £85 to £620, plus your fine etc. I would suggest that you indicate a guilty plea to failing to supply as soon as possible as I cannot see you willing in these circumstances.
 
I told police officer when they asked me,if it's any reason why I can't provided specimen,I answer maybe slimming meds,and it has on statement as well.If they charge me with drink driving I will up my hands up,as I am guilty,but not providing specimen charges I don't know the answer still myself.this meds causing luck of concentration,and maybe as I don't drinking person alcochol with pills make me out of control.As far as I understand can police change the charges,for drinking drive for second trial?thanks
 
Wen you submit a defence that you were incapable of providing 2 samples of breath, CPS will review the case and they could decide that the more appropriate charge to put to the court against you is that you were driving whilst unnfit through drink and / or drugs.
Your problem is that the more you show how you were under the influence of medication, to show you couldn't blow, the stronger it makes the case that you were under the influence of the drugs and shouldn't have been driving, especially when coupled with alcohol which the advice sheet for the one medication points out to you is not a good combination.
as I said before, you cannot say to the court "I only found about about the side effects afterwards" because they are detailed for you to see, and with due diligence you should have realised to not consume alcohol with them.
That is why, unless you have a lot of money for a specialist solicitor £1,000 +, and £300 for an analysts view on how the medication could have prevented you from blowing (bearing in mind though, as the Magistrate bluntly put it, you could do it once.....) then you should cut your losses and plead guilty as soon as you can to keep costs down. It does appear from the one sample you provided of 46 that you were drink driving, so you are not being put in the position of pleading guilty when you are completely innocent.
 
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