Breathalizer not working

Convicted Driver Insurance

Jez

New Member
Hi brother got stopped and charged for drinking driving. Once at police station their breathalizer Machine wasn't working, so Refused a blood test has hates needles. Can they still charge him for drink driving, for refusing the blood test. Even tho would off been happy to take the breathalizer... many thanks
 
Simple answer, yes.

Although your brother wont have been charged with drink driving, he will of been charged with failing to provide an evidential specimen whilst driving / attempting to drive.

If the evidential breath testing machine was not working the police are entitled to request an alternative sample of either blood or urine for analysis.

Refusing to provide an evidential specimen for analysis without reasonable excuse is a criminal offence. The fact that your brother dislikes needles will no be seen as a reasonable excuse.
 
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Simple answer, yes.

Although your brother wont have been charged with drink driving, he will of been charged with failing to provide an evidential specimen whilst driving / attempting to drive.

If the evidential breath testing machine was not working the police are entitled to request an alternative sample of either blood or urine for analysis.

Refusing to provide an evidential specimen for analysis without reasonable excuse is a criminal offence. The fact that your brother dislikes needles will no be seen as a reasonable excuse.
Hi,

If he can prove a "Phobia" of needles he will have a case.

Regards,




Stu
 
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Agreed, there is a big difference between a dislike of needles (which a lot of us have) and a phobia of needles, which can be a defence.
Did he say he was refusing because of a phobia of needles or did he just refuse?
Does your brother have tattoos or piercings? In which case he could not say he has a phobia of needles as he has chosen to have them used on him for cosmetic reasons.
Can he evidence from his medical records that he has declined inoculations because of the phobia?
And, very relevant now….. has he had covid jabs?
 
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Hi brother got stopped and charged for drinking driving. Once at police station their breathalizer Machine wasn't working, so Refused a blood test has hates needles. Can they still charge him for drink driving, for refusing the blood test. Even tho would off been happy to take the breathalizer... many thanks
Be careful not to take the patter from a drink/drive 'specialist' solicitor who says they will be able to get him off.

Generally, these blood suckers will try to find a procedural error or something, when they can't they change their advice (at the last moment) to say plead guilty. They charge an absolute fortune (some on here have been charged well over £10K!!!) , and manipulate their figures to say they have a 100% win rate by meaning 100% win rate of those they haven't told to change their plea. If a guilty plea is the route, a local solicitor should be able to do it for around £300 - £400.

From what you say, he will not be charged with drink driving, he will be charged with failing to provide which results in a dr30 endorsement. This will mean he will be classed as an HRO and will have to undertake a DVLA medical before his licence is returned. As mentioned above, trying to go not guilty on a fear to needles is much different to actually having a medical phobia that has been documented historically. The CPS and magistrates have seen it all, they will not believe someone is medically phobic to needles if they have had a tattoo, or have jabs such as flu, CoVid etc. and are likely to 'punish' the not guilty plea in these cases with the higher end of the sentencing guidelines.
 
If he has ever had a jab past the point of the ones he recieved as an infant this defence will not work. The magistrates have seen it all, he would need a sustained history of refusing treatment due to his phobia for a defense like this to be successful.

This would not be simply saying no, this would be a phobic response to the GP even suggesting bloods being taken. A phobia is not a simple fear, it is a full panic/vomiting/fainting situation. If there is no evidence of this on your brothers record this defense will not wash. As other users have pointed out, if he has a tattoo or piercing this defense is dead in the water. Not to be blunt, but this defense is already dead in the water. It's a tale as old as the hip flask defense and it does not work. Do not listen to drink drive specialist solicitors, there is no such thing as specialising in the petty session. They are vampires for lack of a better word, they prey on hopes and always deliver nothing. Regardless of their 100% success claims, as pointed out they don't count the cases where they tell the defendant at the last minute to plead guilty. As many users of this forum have paid upwards on 10k to find out.
 
Hi brother got stopped and charged for drinking driving. Once at police station their breathalizer Machine wasn't working, so Refused a blood test has hates needles. Can they still charge him for drink driving, for refusing the blood test. Even tho would off been happy to take the breathalizer... many thanks

Did your brother not get offered the opportunity to provide a urine sample?

Generally, the police are fully aware of the 'needle' phobia. If the Intoxilyser machine wasn't working, the police will enlist a custody approved doctor to take bloods or urine.

CJ
 
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