Charges explained

Convicted Driver Insurance

Kak

Member
Please can someone explain the charges to 'required to provide a specimen of breath for analysis by means of a device of a type approved by the Secretay of State pursuant to section 7 of the Road Traffic Act 1988 in the course of an investigation into whether you had committed an offence under section 3A, 4, 5 or 5A thereof failed without reasonable excuse to do so - statement if facts: Legislation 'contrary to section 7(6) of the Road Traffic Act 1988 and schedule 2 to the Road Traffic offenders Act 1988
 
It means that the police required you to provide 2 samples of breath for analysis at the police station and they allege that you failed to do so “without reasonable excuse”.... which generally means that you had a medical problem which prevented you from blowing enough for it to be a satisfactory sample, or that you just didn’t try.
Do you have any medical problems, and if so, did you tell the police at the time?
The punishment for this on conviction is a sliding scale of ban from 12-36 months, depending on what the reason was for not providing a sample. It would also make you a “high Rish Offender” , meaning that you would have to pass a medical at the end of your ban before you got your licence back.
 
price1367 said:
It means that the police required you to provide 2 samples of breath for analysis at the police station and they allege that you failed to do so “without reasonable excuse”.... which generally means that you had a medical problem which prevented you from blowing enough for it to be a satisfactory sample, or that you just didn’t try.
Do you have any medical problems, and if so, did you tell the police at the time?
The punishment for this on conviction is a sliding scale of ban from 12-36 months, depending on what the reason was for not providing a sample. It would also make you a “high Rish Offender” , meaning that you would have to pass a medical at the end of your ban before you got your licence back.
Click to expand...
price1367 said:
It means that the police required you to provide 2 samples of breath for analysis at the police station and they allege that you failed to do so “without reasonable excuse”.... which generally means that you had a medical problem which prevented you from blowing enough for it to be a satisfactory sample, or that you just didn’t try.
Do you have any medical problems, and if so, did you tell the police at the time?
The punishment for this on conviction is a sliding scale of ban from 12-36 months, depending on what the reason was for not providing a sample. It would also make you a “high Rish Offender” , meaning that you would have to pass a medical at the end of your ban before you got your licence back.
Click to expand...
Thank you very much for your response, I explained to the officers that I was struggling to give a breath sample i was encouraged to keep trying shouldn't alternative options have been used such as giving blood or a urine sample as it was apparent that I could not use the breatherlazer - also the police did not fully explain to me the seriousness / consequences of failing to provide a breath sample can I challenge this
 
When the procedure is read out to you, one part says: “I require you to provide 2 samples of breath for analysis by an approved device. The specimen with the lower reading will be disregarded........ I must warn you that failure to provide these samples will render you liable to prosecution. Do you agree to provide 2 samples for analysis?”
You may not have absorbed this information but it is standard practice that this is read out verbatim from the MGDDA form.
If it is apparent that you cannot provide a sample because of health problems (as I outlined before (did you tell them about your health?) but if yo7 are simply not blowing hard enough this could be because you are drunk, or not willing to cooperate, or wanting to delay the procedure by hoping for a blood sample which could take time to arrange. The officers will encourage you, but then, in the absence of evidence to the contrary, charge you with failing to provide a satisfactory sample.

If you have a bad health problem, pointed it out to the police and can evidence this problem from your records, then you can plead not guilty and present this evidence to the court. The charge is “failing to provide without reasonable excuse.” There can be a reason for failing to supply, the magistrates will have to decide if it amounts to a reasonable excuse....
 
You must log in or register to reply here.
Enter code DRINKDRIVING10 during checkout for 10% off
Top