Help! Charged with failing to provide a specimen for analysis

[regwacho4u]

hi there guys!
I am at wits end here trying to figure out what to do regarding a very stupid thing I did last Saturday 18/04/15! I am very remorseful and sad to the event! My partner and I went to visit a friend of hers to celebrate our engagement and I ended up having one too many ! (stupid) . At about 3am we decided to drive back to my partners' but on getting behind the wheel we both agreed it wise to find somewhere safe to park the car and get a taxi! Whilst trying to find a perfect parking spot I got stopped by the police who requested a off road breath sample ! I was reluctant at first for not so obvious reasons other than I was petrified confused and terrified partly because of the results and partly because I have a medical condition I take medication for and this medication causes dizziness confusion irregular heartbeats and depression! I wasn't prepared to tell the officers about my condition ! but eventually I gave them the sample they needed after which they said it was way over and they arrested me and took me to the station !

Now funny thing is I can't remember much of what transpired there as I just got into some form of stupor confusion and a bout of dizziness because of my meds! I don't really know whether they requested for further tests for analysis or not and whether I refused or not ! but only thing I remember is waking next day in a cell n then being asked to sign my plea of failing to provide a specimen for analysis ! I couldn't refuse to sign a guilty plea because I can hardly remember what actually transpired ! now I have a court date set for 06/04/15 and I have contacted a few solicitors here and there! unfortunately I can't afford representation and I am not eligible for legal aid I am told! this is my first time in these kind of circumstances and I'm scared of what the outcomes are going to be which is something I should have thought about before drinking in the first place , damn! I'm going to plead guilty because I can hardly remember what happened at the station n also because I just want to get it over and done with ! I might lose my job because without the car I can't get to work ! can anyone on this forum with a similar experience please help with advice ? Can a duty solicitor help me with structuring what I have to say to get some bit of liniency from the judge if any or they are just gunna throw me into prison ?please help folks !

 

[Forum Moderator]

hi there guys!
I am at wits end here trying to figure out what to do regarding a very stupid thing I did last Saturday 18/04/15! I am very remorseful and sad to the event! My partner and I went to visit a friend of hers to celebrate our engagement and I ended up having one too many ! (stupid) . At about 3am we decided to drive back to my partners' but on getting behind the wheel we both agreed it wise to find somewhere safe to park the car and get a taxi! Whilst trying to find a perfect parking spot I got stopped by the police who requested a off road breath sample ! I was reluctant at first for not so obvious reasons other than I was petrified confused and terrified partly because of the results and partly because I have a medical condition I take medication for and this medication causes dizziness confusion irregular heartbeats and depression! I wasn't prepared to tell the officers about my condition ! but eventually I gave them the sample they needed after which they said it was way over and they arrested me and took me to the station !

Now funny thing is I can't remember much of what transpired there as I just got into some form of stupor confusion and a bout of dizziness because of my meds! I don't really know whether they requested for further tests for analysis or not and whether I refused or not ! but only thing I remember is waking next day in a cell n then being asked to sign my plea of failing to provide a specimen for analysis ! I couldn't refuse to sign a guilty plea because I can hardly remember what actually transpired ! now I have a court date set for 06/04/15 and I have contacted a few solicitors here and there! unfortunately I can't afford representation and I am not eligible for legal aid I am told! this is my first time in these kind of circumstances and I'm scared of what the outcomes are going to be which is something I should have thought about before drinking in the first place , damn! I'm going to plead guilty because I can hardly remember what happened at the station n also because I just want to get it over and done with ! I might lose my job because without the car I can't get to work ! can anyone on this forum with a similar experience please help with advice ? Can a duty solicitor help me with structuring what I have to say to get some bit of liniency from the judge if any or they are just gunna throw me into prison ?please help folks !

Sentencing guidelines for failing to provide a specimen while driving or attempting to drive are:

• For a deliberate refusal/failure to provide: 17-28 month driving disqualification AND a band C fine or a low to high level community order
• For a deliberate refusal/failure to provide with evidence of serious impairment: 29-36 month disqualification AND a high level community order or up to 26 weeks in prison

Anyone convicted of failing to provide a specimen of analysis will be classed as a high risk offender. High risk offenders are required to satisfy the DVLA of their fitness to drive by taking and passing a DVLA medical before they will be issued a driving licence upon expiration of their driving disqualification.

If this is your first offence it is highly unlikely you will receive a custodial sentence, even with evidence of serious impairment. This might have been a different case if you had caused an accident resulting in injury/damage to others.

If you would like to see the duty solicitor for legal assistance/representation on the day of your court case, I would advise arriving early and informing court staff you would like to use the services of the duty solicitor. The time they can spend on each individual case will depend on how busy they are on the day.

Our guide to appearing at court for drink driving offences may prove useful to you. Please let us know the outcome of your court case as it may help others who find themselves in a similar situation in the future.