Failed Prelim Roadside test

Convicted Driver Insurance

Adama

New Member
My wife was arrested for failure to provide a breath sample at the roadside. She did not refuse to co-operate and had tried up to 10 times to get the thing to work but was unable to blow properly! She has no medical condition as far as i know that would prevent her blowing (though she has never been able to whistle!).
She was arrested and was to be taken to the Police Station for a further attempt at a breath sample - on the way the Police appeared to change their minds - brought her home , and said she was no longer arrested.

She had been initially tested as being involved in a road accident where she was a third car in a collision and not the cause. She does not drink alcohol at all.

What will happen now?
 
It's odd that, before arrival at the police station, the police changed their minds and de-arrested her. It is possible that she could receive either a postal requistion or summons to attend court to answer a charge of Failing to Provide. There is a 6 month time limit for bringing a prosecution. If they did she would have a defence of "reasonable excuse" on the basis she was physically unable to provide a sample, rather then deliberately refusing.

However, she may get lucky and find that the police decide to take no further action. You will have to wait and see but won't know for sure until the 6 month time limit has elapsed. I would not advise you to chase the police for answer, least said best mended.
 
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