Advice needed

Convicted Driver Insurance

RW1087

Member
Hello,
On 9th February i was stopped by the Police for no insurance and no MOT. I provided a road side breath test and blew over at 80. I was put in cuffs and transported to the police station. I unfortunately have dealt with depression and anxiety and severe panic attacks (brought on by not being able to remove myself from a situation - trains, planes, Tube, Hairdressers etc.) being in cuffs and in a police station brought a panic attack on, i didn't wish to listen to sergeant at the check in desk & just wanted the cuffs off and to be by myself in a cell to try and compose myself. Through this, i was polite throughout, but refused to do further breath tests, due to my state of panic. From memory i wasn't offered bloods or urine, just breath which i declined. I was warned this was an offence, which i didn't really understand at the time due to the panic attack.

In respect to my insurance, this was a direct debit issue, i had been insured for the last 11 months, the last payment failed to come out, so the insurer cancelled the policy early as it was the last month of the policy. Likewise, the MOT, we knew was due shortly, and hadn't realized it had expired 20 days before this offence. ( I fully understand these offence are my responsibility, i guess the only plus i can portray is i haven't just been driving around for years without insurance on purpose, i had been insured for the last 11 months? Likewise the MOT, it had passed, but again not by months, and not on purpose)?

I pleaded not guilty when asked upon leaving the police station, and have a court appearance on 15th March. Any advice would be greatly appreciated. To add - 1st offence, no points on my licence. Driving for 14 years.
 
Any indication made on leaving the police station is not a formal plea and that wont be entered until 15 March.

Firstly, the allegations of driving without insurance and 'no MOT' are considered as 'strict liability' offences. This means that you do not have to be aware that you are not insured or have an MOT in order for the offences to be made out. The mere fact that you weren't is enough and a defence cant be advanced on that basis.

As suspected, the more serious issue is the allegation of failing to provide a specimen. The most common defence to this is one of 'reasonable excuse'. This would be advanced if there was a medical reason why a specimen could not be provided. This would be where efforts were made to blow in but that this wasn't possible due to a medical condition. In your case, the argument would be different and based on the fact that you may have been unable to/unfit to comprehend the process and procedures as a result of your panic attack symptoms. This could mean that any request made was invalid and unlawful. The mere presence of a condition would not be sufficient here and further investigations would need to be carried out with the assistance of an expert and with reference to the evidence of the procedure at the police station. A further consideration of this issue should be explored with specialists before making any decision regarding plea.
 
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