Failure to Supply

Convicted Driver Insurance

Stupid2015

Member
Hello All,

As you can imagine i'm here as i have been so incredibly stupid, i cannot believe I've got myself in such a situation, i'm so ashamed and so sorry for what i did! I can't sleep, i can't eat, i'm full of guilt and even simple tasks like washing seem to take so much effort, I've never felt so low and i have no one to blame but myself. One thing i have found which has helped is reading the posts within this forum and so i thought i would post my story so far to share with you all, i hope someone out there may be able to help with practical advice/guidance?

The background is essentially that after going through a number of personal changes (Relationship, Job loss) I started to use Alcohol to self medicate after a prescription from the doctor simply didn't work. Alcohol had simply taken over my life to a point where it was out of control and then one night (6th Jan) it all came crashing down around me.

After drinking to excess on my own (which is bad enough) for some reason, which i cannot explain, i decided to drive a short distance home (around 1.5miles) and once parked up at home i have been arrested by the Police. Unfortunately at this point my story gets worse. All i can really say is that the shock of the Police turning up and my state at the time has caused me to act irrationally and i'm so very sorry for it.

When asked to take a roadside breath test i have said i will take one but only at the station (why i though it was optional i can't tell you). I have been arrested, forcibly, and taken to the station. My custody record states that i refused to provide a sample but i do remember trying my best both at a roadside test (at the station) and then the machine. My Custody Record states that the Police did gain one partial reading ... a whopping 118!

I'm so scared, i know I've done so very wrong and the only thing i can focus on is that this could be so much worse, thank god i didn't hit anything or anyone.

I am only facing 1 charge according to my charge sheet (Failure to Supply) but i'm so scared that i will go to prison for this. I'm absolutely petrified in fact! Is there anyone out there that can provide me with some advice/guidance on this please? I have an initial meeting with my solicitor next week and my court date is 17th Feb (I'm surprised by the length between arrest and court date). Although i'm yet to receive legal advice i'm so racked with guilt all i can think about is pleading guilty and begging the court for mercy in their sentencing, I've done wrong and deserve to be punished but i can't help but think that this wouldn't have happened if i had managed to find a new job by now and this is obviously going to make that so much harder now. One more ray of hope is that i haven't touched a drop of booze since the event and i have no intention of, when in the cell there was a number painted on the wall and i asked for a referral to an alcohol support charity which i've got an appointment for.

I have never had a criminal conviction of any kind and i'm sure a number of people will provide me with character references which share this this act is an isolated act of stupidity at the lowest point of my life to date.

I really would appreciate anything you wish to share in response?

Thank you for taking the time to read my story to date.
 
Stupid2015 said:
Hello All,

As you can imagine i'm here as i have been so incredibly stupid, i cannot believe I've got myself in such a situation, i'm so ashamed and so sorry for what i did! I can't sleep, i can't eat, i'm full of guilt and even simple tasks like washing seem to take so much effort, I've never felt so low and i have no one to blame but myself. One thing i have found which has helped is reading the posts within this forum and so i thought i would post my story so far to share with you all, i hope someone out there may be able to help with practical advice/guidance?

The background is essentially that after going through a number of personal changes (Relationship, Job loss) I started to use Alcohol to self medicate after a prescription from the doctor simply didn't work. Alcohol had simply taken over my life to a point where it was out of control and then one night (6th Jan) it all came crashing down around me.

After drinking to excess on my own (which is bad enough) for some reason, which i cannot explain, i decided to drive a short distance home (around 1.5miles) and once parked up at home i have been arrested by the Police. Unfortunately at this point my story gets worse. All i can really say is that the shock of the Police turning up and my state at the time has caused me to act irrationally and i'm so very sorry for it.

When asked to take a roadside breath test i have said i will take one but only at the station (why i though it was optional i can't tell you). I have been arrested, forcibly, and taken to the station. My custody record states that i refused to provide a sample but i do remember trying my best both at a roadside test (at the station) and then the machine. My Custody Record states that the Police did gain one partial reading ... a whopping 118!

I'm so scared, i know I've done so very wrong and the only thing i can focus on is that this could be so much worse, thank god i didn't hit anything or anyone.

I am only facing 1 charge according to my charge sheet (Failure to Supply) but i'm so scared that i will go to prison for this. I'm absolutely petrified in fact! Is there anyone out there that can provide me with some advice/guidance on this please? I have an initial meeting with my solicitor next week and my court date is 17th Feb (I'm surprised by the length between arrest and court date). Although i'm yet to receive legal advice i'm so racked with guilt all i can think about is pleading guilty and begging the court for mercy in their sentencing, I've done wrong and deserve to be punished but i can't help but think that this wouldn't have happened if i had managed to find a new job by now and this is obviously going to make that so much harder now. One more ray of hope is that i haven't touched a drop of booze since the event and i have no intention of, when in the cell there was a number painted on the wall and i asked for a referral to an alcohol support charity which i've got an appointment for.

I have never had a criminal conviction of any kind and i'm sure a number of people will provide me with character references which share this this act is an isolated act of stupidity at the lowest point of my life to date.

I really would appreciate anything you wish to share in response?

Thank you for taking the time to read my story to date.
Click to expand...

The sentencing guidelines for failing to provide a specimen for analysis while driving or attempting to drive can be found here. The fact that you at least tried to provide a breath specimen which resulted in a partial reading should go in your favour, if you were genuinely trying to provide a breath specimen.

It will depend on what evidence the police put forward as to your level of impairment etc. as to what sentence you may receive. If serious impairment can be proved, your sentence will increase to reflect this fact.

My advice would be to obtain legal advice from a solicitor, who, after having reviewed all evidence will be in a much better position to advise you on what possible sentence you will be facing.

As you refused to provide a specimen for analysis while driving or attempting to drive you will be classed as a high risk offender who will be required to satisfy the DVLA of your fitness to drive, by taking and passing a DVLA medical before your driving licence will be issued to you upon expiration of your driving disqualification.

Our guide to appearing at magistrates court for drink driving offences may prove useful to you.

Keep us up to date and let us know what sentence you receive as it will benefit others who may find themselves in a similar situation to your own at some point in the future.
 
Hi There,

Thank you for taking the time to respond, i appreciate your comments and my intention is to update.

I think i'm still in shock tbh, i still can't quite believe it. I'm just trying to focus on things i can do and there doesn't seem to be many!

As well as the aspects of law (thanks again for sharing) has anyone else experienced similar feelings/emotions? If so, did anything help you deal with them?

Thanks in advance for sharing.
 
Re: Failure to Supply.

Stupid2015 said:
you can imagine i'm here as i have been so incredibly stupid, i cannot believe I've got myself in such a situation, i'm so ashamed and so sorry for what i did! I can't sleep, i can't eat, i'm full of guilt and even simple tasks like washing seem to take so much effort, I've never felt so low and i have no one to blame but myself. One thing i have found which has helped is reading the posts within this forum and so i thought i would post my story so far to share with you all, i hope someone out there may be able to help with practical advice/guidance?

The background is essentially that after going through a number of personal changes (Relationship, Job loss) I started to use Alcohol to self medicate after a prescription from the doctor simply didn't work. Alcohol had simply taken over my life to a point where it was out of control and then one night (6th Jan) it all came crashing down around me.

After drinking to excess on my own (which is bad enough) for some reason, which i cannot explain, i decided to drive a short distance home (around 1.5miles) and once parked up at home i have been arrested by the Police. Unfortunately at this point my story gets worse. All i can really say is that the shock of the Police turning up and my state at the time has caused me to act irrationally and i'm so very sorry for it.

When asked to take a roadside breath test i have said i will take one but only at the station (why i though it was optional i can't tell you). I have been arrested, forcibly, and taken to the station. My custody record states that i refused to provide a sample but i do remember trying my best both at a roadside test (at the station) and then the machine. My Custody Record states that the Police did gain one partial reading ... a whopping 118!

I'm so scared, i know I've done so very wrong and the only thing i can focus on is that this could be so much worse, thank god i didn't hit anything or anyone.

I am only facing 1 charge according to my charge sheet (Failure to Supply) but i'm so scared that i will go to prison for this. I'm absolutely petrified in fact! Is there anyone out there that can provide me with some advice/guidance on this please? I have an initial meeting with my solicitor next week and my court date is 17th Feb (I'm surprised by the length between arrest and court date). Although i'm yet to receive legal advice i'm so racked with guilt all i can think about is pleading guilty and begging the court for mercy in their sentencing, I've done wrong and deserve to be punished but i can't help but think that this wouldn't have happened if i had managed to find a new job by now and this is obviously going to make that so much harder now. One more ray of hope is that i haven't touched a drop of booze since the event and i have no intention of, when in the cell there was a number painted on the wall and i asked for a referral to an alcohol support charity which i've got an appointment for.

I have never had a criminal conviction of any kind and i'm sure a number of people will provide me with character references which share this this act is an isolated act of stupidity at the lowest point of my life to date.

I really would appreciate anything you wish to share in response?

Thank you for taking the time to read my story to date.
Click to expand...

Hello, I have just written a big long message, completely in the wrong place! doh... Please try and calm down first of all, You are not going to prison! I have just been sentenced for the same offence, plus a public order. I too have alcohol problems and have not had a drop since (28 November) I got a 30 month ban, 12 month supervision order (once a week to start, 30 mile round trip) a 24 week awareness course (mandatory) another 30 mile round trip! a 16 week curfew with electronic tag and a £145.00 fine. They were not allowed to give unpaid work, as I am a sole trader 6 days a week. I am pretty sure You will not get as much. I had to go to court twice, adjourned first time. Very stressful but You will get through it. I am attending AA meetings and it is really helping me. At the end of the day, nobody was hurt and You need to remain grateful for that fact, plus the fact You are sober. We can, and will get through this. We are NOT stupid, we made a stupid mistake. Chin up and stay sober if You want to help yourself :)
 
Last edited by a moderator:
Hi again all,

Bagpuss - thanks for taking the time to respond, as you can imagine i was in a pretty dark place when i posted! I really appreciate you sharing, would you mind if i asked, was this your first DD charge?

I've had an initial meeting with my solicitor now and I've managed to calm down since, while he still needs to review all evidence he thought a custodial sentence was highly unlikely in my situation which was a massive relief. I'm still so grateful that no one was hurt and nothing was damaged, as below I've just made a one off stupid mistake but it could have been much, much worse!

I've done wrong and will take my punishment but i'm focused on trying to rebuild after this now. I'm a 34 year old professional person and i would say I've been successful in my career to date. I'm currently applying for new roles and with the majority of my experience being in financial services i'm basic crb checked for everything - does anyone out there have any experience (and hopefully success) of applying for roles with an unspent criminal conviction that is unrelated to the role?

Thanks again for reading my story so far.
 
Re: Failure to Supply.

bagpuss said:
Hello, I have just written a big long message, completely in the wrong place! doh... Please try and calm down first of all, You are not going to prison! I have just been sentenced for the same offence, plus a public order. I too have alcohol problems and have not had a drop since (28 November) I got a 30 month ban, 12 month supervision order (once a week to start, 30 mile round trip) a 24 week awareness course (mandatory) another 30 mile round trip! a 16 week curfew with electronic tag and a £145.00 fine. They were not allowed to give unpaid work, as I am a sole trader 6 days a week. I am pretty sure You will not get as much. I had to go to court twice, adjourned first time. Very stressful but You will get through it. I am attending AA meetings and it is really helping me. At the end of the day, nobody was hurt and You need to remain grateful for that fact, plus the fact You are sober. We can, and will get through this. We are NOT stupid, we made a stupid mistake. Chin up and stay sober if You want to help yourself :)
Click to expand...


Hello again, it was my first drink driving offence.
 
Thanks Bagpuss,

I have good days and bad days at the moment, just wish it was over with (in terms of knowing my punishment) and i could get on with things! I'm dreading court on the day, if they adjourn i might end up losing the plot! I still have nightmares about ending up in prison but no one I've spoken to thinks there is a serious chance of that, even with the high reading and the fact the charge is failure to supply.

Thanks again for taking the time to respond, appreciate it.
 
Stupid2015 said:
Thanks Bagpuss,

I have good days and bad days at the moment, just wish it was over with (in terms of knowing my punishment) and i could get on with things! I'm dreading court on the day, if they adjourn i might end up losing the plot! I still have nightmares about ending up in prison but no one I've spoken to thinks there is a serious chance of that, even with the high reading and the fact the charge is failure to supply.

Thanks again for taking the time to respond, appreciate it.
Click to expand...

you wont go to prison don't worry you haven't killed anyone your sentence wont be that bad I promise
 
Thanks jh327,

Appreciate you taking the time to comment, i hope you're right!!

I think it's the waiting around now tbh, fingers crossed it all gets resolved on the day!
 
I'm having a shocker and i really need some guidance!

As you can see from this thread my court date is Tuesday and the charge is Failure to Supply! I'm assuming the partial reading will be used to try and evidence 'serious impairment' and therefore pushing me into the upper bracket for punishment (starts at 12 weeks custody! gulp)

I met with a solicitor who shared that he may be able to get Legal Aid for the case as a. i'm currently unemployed and b. the seriousness of the charge may result in a custodial sentence - i collated a number of items that he asked me for, witness statements, letter of apology (i offered this rather than him asking). I didn't hear anything back so i chased him and i got an answer on Friday that he couldn't get Legal Aid for my case and i would need to pay! I don't think i can afford it as i'm unemployed, i thought Legal Aid was a cert in my case!

Argh, i don't know what to do now! I'm in such a panic as no one has reviewed the evidence against me and i didn't get copies myself as i thought the solicitor would do that!

Can anyone provide me with some hints and tips if i have to defend myself with this please? Right now i'm trying to write a 'letter of mitigation' but having never done one before i'm finding it very hard! I feel i could stand up and present my letter myself but i would struggle if i don't agree with anything being presented by the prosecution and as I've not seen the evidence i'm nervous! I have 5 character statements, letters of apology to the court and to the police and a doctors letter, if i have a letter outlining all the mitigating circumstances (from my point of view) is there anything else i would need on the day?

This late change is far from ideal! So i thank you in advance for any support or guidance you can provide me with!
 
Calm down...... You are so wound up that you cannot read the magistrates guidlines properly.... IF the court is told about your partial reading and they gave you the proper sentence for 118, it should be 23 to 28 months and a medium level community order, NOT prison.
The reason the solicitor could not get legal aid is because there is NOT a substantial risk of custody, yet you still worry about what you will get.
the guidelines for failing to supply is between 12 - 36 months, according to the circumstances.
Worse case scenario will see your case adjourned for reports on Tuesday to see if you should undertake some form of Community Order. Otherwise you will just get a straight ban and a fine. Either way, probably best you do not drive to court just in case!
i seems like you have already prepared what you need for court. Your solicitor would not have been able to review the prosecution case at this stage anyway, even if he got legal aid for you because you only get the evidence disclosed if a not guilty plea is entered.
i think you should write down what you want to say and have the character references ready to hand in. That way, if you get nervous and feel you cannot just say what you want to say then you have notes to read out. When you arrive at court you should ask to speak to the Duty Solicitor. There is one one at every court. He / she will be able to offer you some advice and MAY be able to speak for you in court, depending on how busy they are. This advice is free.
if the duty solicitor cannot go into court, then back to plan A and go in with your notes. When the prosecutor outlines the case, make some notes of what is said about the manner of your driving or what you are supposed to have said to the police when you refused at the roadside. If it is fairly bland, then don't say anything about the case, just give your mitigation and references. If there is evidence given about very poor driving or abusive comments made to the police and you do not agree, when you are asked what you want to say politely say that you feel your driving was not as bad as was pointed out... Or that you agree that you did not co-operate but feel sure you did not use such bad language as you have great respect for the police. Then give your mitigation and references and ask to be allowed to do a drink drive rehabilitation course so that you can learn from your mistakes. That will get you up to 25% off whatever ban you get.
 
Hi Price1367,

Thank you for taking the time to reply. I must have got confused in my panic!

I have taken your advice and added the request to complete the course to help increase my knowledge, I still can't believe I am in this situation tbh, was a shocking moment of madness which will impact me for the rest of my working life!

Thank you again for your post, I can see from this forum you're an active member and I know any others, as well as my self, appreciate your input.
 
So, i was in court on Tuesday ....

Before i share this post i just want to be clear on an important point, i am in no way 'happy'! i'm still incredibly ashamed that i am capable of making such a stupid mistake but i am very conscious as to how this post will read, to be clear i am just very, very relieved!

I'll put the full breakdown in the 'sentences' section of the site but in a nutshell:

16 month ban (reduced by 16 weeks if i take the course, i will)
£110 Fine (means tested, currently unemployed but in essence it is the lowest that they could give)
£40 Costs
£20 Victim Surcharge

That was it ... i'm still a little speechless! If anyone else is unfortunate enough to find themselves in a similar situation consider some of the following:

I went to the court early and viewed a couple cases going through first, this was invaluable and really helped me get my head around what was going to happen and therefore helped me keep calm when i was up.

I hired a private solicitor, the best i could afford and he was amazing! Supported me all the way, was never judgmental, explained each step. I would absolutely recommend to everyone to get a solicitor who is a specialist in this sort of thing. Also get someone who is local to the court, mine was and everyone seemed to know him, not sure how much of a difference, if any, this made but it certainly helped me as he was able to point things out for me.

I have to disagree with a lot of people on this site next, i felt my magistrates were great. They took time to review my mitigation, i could see them passing my letters and references to each other after my solicitor had put them forward. When they passed down the sentence as well they were very clear and fair in how they did it. They explained and focused on the fact that due to points raised that my sentence was the lowest they could have given for my offense which helped me no end when they delivered the sentence.

I was petrified of ending up in the local press, my case had to be moved to the afternoon (again don't know if this made a difference or not) but there wasn't a single journalist in the back of the court! While this may not actually stop me ending up in the paper it certainly was one less thing to worry about while in the court.

The overall experience was not as terrifying as i thought it would be but i certainly have no desire to repeat it anytime soon. Given my background this will impact me for the rest of my working life but now i actually have been told my sentence i just feel it's the beginning of the end. I've not missed driving yet, the way i see it is that if i'm capable of making such a stupid decision, i don't deserve to drive and I've got plenty time to think about and make sure i never, ever, lose the plot like this again.

I will never be able to put into words how i feel about not having an accident/hitting someone that night, my story could be so much worse and i'm just so grateful it's not. While i think for the majority of people reading my story will have already made a mistake like me, i hope my story in some way helps others come to terms and deal with the aftermath. I really hope one day i'll be able to stop someone else from DD and that, in some ways, will help me draw a close to this whole thing.

Thank you to all of you who have taken to the time to post messages that have supported me through this.
 
You did get a good deal. I presume your partial reading was not quoted or that would have driven up what you got.
You indicate that you have learned a lesson from this, but mistakes still happen after drinking. Your course will help you to PLAN how to ensure you are never in this position again.
thank you for letting us know the outcome.
 
Stupid2015 said:
So, i was in court on Tuesday ....

Before i share this post i just want to be clear on an important point, i am in no way 'happy'! i'm still incredibly ashamed that i am capable of making such a stupid mistake but i am very conscious as to how this post will read, to be clear i am just very, very relieved!

I'll put the full breakdown in the 'sentences' section of the site but in a nutshell:

16 month ban (reduced by 16 weeks if i take the course, i will)
£110 Fine (means tested, currently unemployed but in essence it is the lowest that they could give)
£40 Costs
£20 Victim Surcharge

That was it ... i'm still a little speechless! If anyone else is unfortunate enough to find themselves in a similar situation consider some of the following:

I went to the court early and viewed a couple cases going through first, this was invaluable and really helped me get my head around what was going to happen and therefore helped me keep calm when i was up.

I hired a private solicitor, the best i could afford and he was amazing! Supported me all the way, was never judgmental, explained each step. I would absolutely recommend to everyone to get a solicitor who is a specialist in this sort of thing. Also get someone who is local to the court, mine was and everyone seemed to know him, not sure how much of a difference, if any, this made but it certainly helped me as he was able to point things out for me.

I have to disagree with a lot of people on this site next, i felt my magistrates were great. They took time to review my mitigation, i could see them passing my letters and references to each other after my solicitor had put them forward. When they passed down the sentence as well they were very clear and fair in how they did it. They explained and focused on the fact that due to points raised that my sentence was the lowest they could have given for my offense which helped me no end when they delivered the sentence.

I was petrified of ending up in the local press, my case had to be moved to the afternoon (again don't know if this made a difference or not) but there wasn't a single journalist in the back of the court! While this may not actually stop me ending up in the paper it certainly was one less thing to worry about while in the court.

The overall experience was not as terrifying as i thought it would be but i certainly have no desire to repeat it anytime soon. Given my background this will impact me for the rest of my working life but now i actually have been told my sentence i just feel it's the beginning of the end. I've not missed driving yet, the way i see it is that if i'm capable of making such a stupid decision, i don't deserve to drive and I've got plenty time to think about and make sure i never, ever, lose the plot like this again.

I will never be able to put into words how i feel about not having an accident/hitting someone that night, my story could be so much worse and i'm just so grateful it's not. While i think for the majority of people reading my story will have already made a mistake like me, i hope my story in some way helps others come to terms and deal with the aftermath. I really hope one day i'll be able to stop someone else from DD and that, in some ways, will help me draw a close to this whole thing.

Thank you to all of you who have taken to the time to post messages that have supported me through this.
Click to expand...





hi I done the same as you but got so much worse 2 year ban fine drinking drive course and 2 year suspended sentence and I have lost my job
 
Hi Price,

Actually it was but for some reason they (the prosecution) didn't seem to put any emphasis on it at all, in fact it was the prosecution that shared that i had previous good character which surprised me to be honest. Couldn't agree more about the course, i'm really looking forward to it for the education more than anything else. While i do agree with your point RE: mistakes i feel there is a simple solution for me. Now i know that i am capable of making such a decision i simply won't drink while alone, looking back now in all honesty i don't know what i was doing drinking alone but my head was in a bad place at the time. The worse part is, i had plenty money for a taxi and it's less than 1 mile from my town to my home (walking distance) - i don't think i will ever be able to explain what happened to me that night but i will ensure i learn from the mistake!

Thanks again for your help and guidance, it's a shame you can't pick DD courses, it would have been great to experience your delivery of the course.
 
Hi Julie,

Thank you for taking the time to respond.

I've been following your story and posts and i can totally relate to how you're feeling at the moment but you must try and focus on the things you can do! Please remember you have your freedom and that is a fantastic outcome for you.

I've seen you get support from others on this forum also, i know ally has been a great to support and i must say that i agree with many of her points.

Remember, everything happens for a reason and now the outcome is known it is the beginning of the end, that thought alone will help see you through your ban.

All the best.
 
thank you we are not bad people I lost my job and everything living at mums now yeah how can life get better my sentence was awful thou I do understand
take care jules x
 
You must log in or register to reply here.
Enter code DRINKDRIVING10 during checkout for 10% off
Top