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Thread: Failure to provide specimen

  1. #1
    Jt0506 is offline Member
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    Default Failure to provide specimen

    Hi all,

    I'm new and in need of some help.

    I've been charged with failure to provide specimen - person in charge of vehicle. I did blow at the scene (83) but then subsequent attempts at the station I failed. I was not purposefully trying to fail, but after six attempts the officers were unable to get an effective reading from me.

    I did not hit anyone else but I blew my tyre out driving and pulled over, blew the other one out as a result of the way I pulled over, and had the cops called on me.

    I'm trying to understand what I'm going to have to face. I rely on my car to get to and from work and also to carry out work itself, I'm single, live on my own and don't live near public transport.

    I also suffer from mental health issues and I am on the waiting list for possible diagnosis of bipolar disorder. The police are aware of my mental health difficulties - honestly I'm not sure how, as I have never been charged with anything before.

    I have (had...) a clean criminal record.

    I am completely and utterly ashamed that I've done this. I'm not going to go into details or try to condone or explain what I've done - all I can say is I was almost definitely having a manic episode. It had been building for a number of weeks. Ultimately I think something like this was always going to happen, I've been in and out of counselling for much of my teenage and adult life so far, but I've never had a formal diagnosis and I've never received medication as a result. I feel pretty scared that I'm now going to lose my job, my house, my dogs...

    Basically what I am asking is if it is definite I will receive a driving ban?

    Thank you for your help.


  2. #2
    Jt0506 is offline Member
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    Default Re: Failure to provide specimen

    The only other thing worth noting is I was not told before attempting to give sample of specimen at the station that if I failed it would be failure to comply. I have read that can have some form of effect? I was only told when I failed.

  3. #3
    splodger is offline Member
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    Default Re: Failure to provide specimen

    Sorry to say you will be classed as a high risk offender, at the very least use the duty solicitor in court.

    it will be a definite ban, of around 2 years.

    prepare a statement that the solicitor can use based around your mental health problems and what your doing to adress them.

    hope it works out OK for you.

  4. #4
    Jt0506 is offline Member
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    Default Re: Failure to provide specimen

    Thanks splodger, is that because of the amount I blew or the mental health issues?

  5. #5
    splodger is offline Member
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    Default Re: Failure to provide specimen

    They will prosecute on the failure to provide which automatically makes you an high risk offender, trying to avoid that would be very difficult.

    https://www.drinkdriving.org/drink_d...LA_medical.php

  6. #6
    price1367 is offline TTC Group Associate Director
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    Default Re: Failure to provide specimen

    Quote Originally Posted by Jt0506 View Post
    The only other thing worth noting is I was not told before attempting to give sample of specimen at the station that if I failed it would be failure to comply. I have read that can have some form of effect? I was only told when I failed.
    The wording that is read out verbatim from the MDGG/A for that the officer reads out to you is "I require you to provide 2 specimens of breath for analysis by an approved device ........(skip some words) I must warn you that failure to provide these specimens will render you liable to prosecution. Do you agree to provide 2 specimens of breath for analysis?' Your reply is noted on the form. It may well be that this process was video recorded as well.
    Are you certain that this was not read out to you? I am sure that the officer will say that it was!

  7. #7
    splodger is offline Member
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    Default Re: Failure to provide specimen

    Quote Originally Posted by Jt0506 View Post
    The only other thing worth noting is I was not told before attempting to give sample of specimen at the station that if I failed it would be failure to comply. I have read that can have some form of effect? I was only told when I failed.
    If you wanted to pursue that I would suggest specialist legal advice

  8. #8
    Jt0506 is offline Member
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    Default Re: Failure to provide specimen

    Price1367 I can't honestly say if that was read out to me - I certainly have no memory of it. While my memory is relatively clear from being in the station, i realise it will not be viewed as a reliable memory. I was asked to provide six times and the officer got very irate at me being unable to.

    I've been advised to pursue a line of defence over the fact I was having a panic attack during my time at the station. This included while I was trying to provide a sample.

  9. #9
    price1367 is offline TTC Group Associate Director
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    Default Re: Failure to provide specimen

    "If you can recollect being asked 6 times to provide a sample, and that you didn't, what do you anticipate that the outcome was going to be, ..... 'don't worry old chap, it doesn't matter, let's forget all about it?'...." that is what you can expect to prosecution to put to you in court when you claim that you did not realise what was going to happen when you failed to provide a sample of breath!
    That may seem harsh, but I want you to realise that is is no easy thing to try to get off a failing to supply charge on the basis that "I didn't realise that it was against the law at the time."
    You can put forward that a panic attack prevented you from supplying a sample, but would you be able to try to blow into the machine 6 times if you were so panic struck? Can you evidence previous panic attacks that have rendered you incapable of following simple instructions? Is the custody video likely to show you in such a panic struck state? If so, give it a try, but go into it with your eyes open, and be prepared for the prosecution costs of about 625 they will claim for a not guilty case (if you lose) versus the 85 for a guilty plea. And do NOT use an average every day solicitor as they normally have poor knowledge of the complexity of a not guilty Drink Drive case. You will need a specialist solicitor to stand any realistic prospect of success. Let us know how you get on.

  10. #10
    Jt0506 is offline Member
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    Default Re: Failure to provide specimen

    Convicted Driver Insurance Quotes
    Price1367... you say that like I deliberately tried to fail, which I did not. I consistently said I was struggling and even asked if there was another way. I have a history of panic attacks and anxiety, I was having an anxiety attack pretty much all the way through my time in the station that night - I had a doctor called for a psychiatric assessment due to the state I was in. When I say I cannot recall that being said it's because I cannot - that is simply not enough for a strong defence. I could have forgotten, not been listening - being in a state I could have been elsewhere in my mind. I don't wish to put the police down in saying they definitely didn't, it's probably more likely I was unable to listen than it is they didn't say it.

    However the police were aware and could see how much of a state I was in. They could have gone down another route.

    The CCTV will clearly demonstrate I was upset. I was taken in and out of the cell due to the state I was in. I also was allowed to make a phone call to my father in which I was distraught, confused and had another panic attack over the phone - all which will have been recorded.

    I genuinely feel that while I did what I did, I also was in no state to do what they asked of me. The officer dealing with me was unsympathetic and yelled at me as I was attempting to provide sample.

    I'm not going into this blind. I've consulted with three lawyers and all have suggested the same line of defence. I'm aware how hard it is to succeed with a not guilty plea.

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