Any experience of pleading not guilty to Failure to Provide?

Convicted Driver Insurance

aprilfool

Member
My aunt has been charged with failure to provide. She previously had a DUI five years ago. She believes she will get off due to 'mental health' ie being too upset to provide as the date she was arrested roughly coincides with the anniversary of her mother's death only one year ago. While this is awful, I believe she is an alcoholic and it would be better for her to lose her license. She has found a lawyer who says she can win.

How likely is it to get off on 'mental health' in these circumstances? She has a nice manner in person that means people tend to be sympathetic to her. I am also sympathetic (even if it doesn't sound it here) but I am very worried she will end up hurting someone if she keeps her license.

I don't know if the police were able to get any readings from her (I'm getting this info second-hand unfortunately)
.
(If you're wondering if you've seen this post before, I initially posted this in advice and then realised it's not advice I want really - it's experience/thoughts!)
 
My aunt has been charged with failure to provide. She previously had a DUI five years ago. She believes she will get off due to 'mental health' ie being too upset to provide as the date she was arrested roughly coincides with the anniversary of her mother's death only one year ago. While this is awful, I believe she is an alcoholic and it would be better for her to lose her license. She has found a lawyer who says she can win.

How likely is it to get off on 'mental health' in these circumstances? She has a nice manner in person that means people tend to be sympathetic to her. I am also sympathetic (even if it doesn't sound it here) but I am very worried she will end up hurting someone if she keeps her license.

I don't know if the police were able to get any readings from her (I'm getting this info second-hand unfortunately)
.
(If you're wondering if you've seen this post before, I initially posted this in advice and then realised it's not advice I want really - it's experience/thoughts!)
Honest answer.. don’t pay a solicitor, accept the fate of a 3 year ban and advise her that she will be a HRO so much more difficult to get the license back once the bans up if she continues to drink excessively due to the medical. They will also contact her GP so anything on record about excess alcohol will also be an issue, mental health is indeed awful but its not a free ticket to do as you please and break the law.

I hope she is OK and court goes well for her.
 
My aunt has been charged with failure to provide. She previously had a DUI five years ago. She believes she will get off due to 'mental health' ie being too upset to provide as the date she was arrested roughly coincides with the anniversary of her mother's death only one year ago. While this is awful, I believe she is an alcoholic and it would be better for her to lose her license. She has found a lawyer who says she can win.

How likely is it to get off on 'mental health' in these circumstances? She has a nice manner in person that means people tend to be sympathetic to her. I am also sympathetic (even if it doesn't sound it here) but I am very worried she will end up hurting someone if she keeps her license.

I don't know if the police were able to get any readings from her (I'm getting this info second-hand unfortunately)
.
(If you're wondering if you've seen this post before, I initially posted this in advice and then realised it's not advice I want really - it's experience/thoughts!)

aprilfool

The solicitor your aunt has spoke to is a mug (and a shark) - she cannot 'win' this. Mental health and depression makes sod all difference to the defence, as it is an absolute offence.

My concern with this is that your aunt clearly has personal issues going on in her life, and to drag this out and contest it will only affect her mental health even more.

My advice for what it's worth - your aunt needs to throw her hand in and plead guilty. As she has refused to provide and this is her second offence in five years, she will be classed as a HRO and looking at a ban of at least 3 years.

As you said yourself, she perhaps needs time off the road to deal with her problems, so I would be inclined to go guilty at the first hearing at court and take any punishment on the chin.

CJ
 
I completely agree. I'm dismayed that her and immediate family want to 'fight' this rather than accept the punishment. I believe she has serious issues that will continue regardless of the ban, so I'm hoping she loses - she would hate for me to say that, but it is actually for her sake.
I will update when I know more. Hopefully she won't 'get off'. I don't see how she could but you never know.
 
I completely agree. I'm dismayed that her and immediate family want to 'fight' this rather than accept the punishment. I believe she has serious issues that will continue regardless of the ban, so I'm hoping she loses - she would hate for me to say that, but it is actually for her sake.
I will update when I know more. Hopefully she won't 'get off'. I don't see how she could but you never know.
Hi, I’ve tried it before and there’s no way to get off a failure to provide, well unless she has documented proof of a serious breathing health condition. Sounds like counselling, or maybe AA. Could help in the long run.
 
Ok, so I heard she did plead not guilty today and now has a trial in May.

A family member who went with her said the solicitor was 'very good'. I suppose they will be looking to get off on a technicality now, so I hope the police have done their job well. I don't know if they're discussing mental health but I don't think she'd have enough evidence for that either. Can't believe I'm hoping my own relative will lose but from what I hear she is still drinking and I don't want her to end up on the news!
Interested if anyone knows what a failure to provide trial is actually like. thanks.
 
Ok, so I heard she did plead not guilty today and now has a trial in May.

A family member who went with her said the solicitor was 'very good'. I suppose they will be looking to get off on a technicality now, so I hope the police have done their job well. I don't know if they're discussing mental health but I don't think she'd have enough evidence for that either. Can't believe I'm hoping my own relative will lose but from what I hear she is still drinking and I don't want her to end up on the news!
Interested if anyone knows what a failure to provide trial is actually like. thanks.

aprilfool

If she is still drinking and has mental health issues now, I am guessing she will be in a very grim place by May. I won't comment further other than say, I can anticipate the outcome already and there are unlikely to be any winners here.

CJ
 
Ok, so I heard she did plead not guilty today and now has a trial in May.

A family member who went with her said the solicitor was 'very good'. I suppose they will be looking to get off on a technicality now, so I hope the police have done their job well. I don't know if they're discussing mental health but I don't think she'd have enough evidence for that either. Can't believe I'm hoping my own relative will lose but from what I hear she is still drinking and I don't want her to end up on the news!
Interested if anyone knows what a failure to provide trial is actually like. thanks.
Yup as stated not a chance. Guessing 2yr plus ban!
 
Interested if anyone knows what a failure to provide trial is actually like. thanks.
It greatly depends on the circumstances, but ultimately boils down to medical reasons not to provide, statutory warnings not given by the police, problems with the disclosure of materials by the Prosecution, or non appearance of witnesses. There's a lot less ambiguity these days because of body worn cameras. Not guilty verdicts are very rare. People really tend to underestimate how jaded the courts are by these cases and so a lot of people go in very confident that their argument is a guaranteed winner when in reality the Defence lawyers are just trying the same old tricks over and over hoping for a lucky break.
 
Thought I'd provide some closure on this one - aunt was caught four times over the limit on Sunday, pled guilty on Monday, license gone for three years, full sentencing end of March.

Hope this is her rock bottom so she can now seek some help.
 
Thought I'd provide some closure on this one - aunt was caught four times over the limit on Sunday, pled guilty on Monday, license gone for three years, full sentencing end of March.

Hope this is her rock bottom so she can now seek some help.
Can I ask how you know she was four times over the limit if she failed to provide a specimen ?
 
Can I ask how you know she was four times over the limit if she failed to provide a specimen ?
She 'failed to provide' in December, and pled not guilty, with trial to come in May. She was caught again - drink driving this time - on Sunday just gone.
 
That’s a good point
As above, she 'failed to provide' in December, and pled not guilty, with trial to come in May. She was caught again - drink driving this time - on Sunday just gone. Presumably she will now plead guilty to the one in May and get some extra time added on, but who knows.
 
As above, she 'failed to provide' in December, and pled not guilty, with trial to come in May. She was caught again - drink driving this time - on Sunday just gone. Presumably she will now plead guilty to the one in May and get some extra time added on, but who knows.
Reading between the lines its a good thing she was in total self denial and putting others at risk big time.
 
She 'failed to provide' in December, and pled not guilty, with trial to come in May. She was caught again - drink driving this time - on Sunday just gone.
How was she able to plead guilt a day after being caught drink driving (“Caught Sunday plead guilty Monday”)?

With a DUI and a positive specimen a charge can be laid quickly. How can a court date be set up for the next day ? Can I ask if there was a third party involved and she has been remanded in custody as it sounds like it must be serious if my deduction is correct.
 
How was she able to plead guilt a day after being caught drink driving (“Caught Sunday plead guilty Monday”)?

With a DUI and a positive specimen a charge can be laid quickly. How can a court date be set up for the next day ? Can I ask if there was a third party involved and she has been remanded in custody as it sounds like it must be serious if my deduction is correct.
Must have fast tracked her with a court case due and a previous 5 years ago. Technically she could have continued to drive otherwise until a ban was handed down.
 
How was she able to plead guilt a day after being caught drink driving (“Caught Sunday plead guilty Monday”)?

With a DUI and a positive specimen a charge can be laid quickly. How can a court date be set up for the next day ? Can I ask if there was a third party involved and she has been remanded in custody as it sounds like it must be serious if my deduction is correct.
Oooh I have no idea! Just going on what I was told. There was a child in her car. But no accident or injury to anyone. Very, clearly drunk and erratic driving.
 
Reading between the lines its a good thing she was in total self denial and putting others at risk big time.
Oooh I have no idea! Just going on what I was told. There was a child in her car. But no accident or injury to anyone. Very, clearly drunk and erratic driving.
From my research I don’t believe mental health is a defence against a DUI charge. I would say that if you can get your Aunt help then please proceed to do so.
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top