Failing to provide a sample

Convicted Driver Insurance

Capitano08

Member
Evening,

I am hoping for some advice. On Thursday evening I made a massive error and drove after drinking. I only have vague recollections of what happened. I don’t know what made the police stop me. My wife collected the car the next day and the tyre was blown with a scrape on the same side so must have hit something.

I was arrested and took to the station. I was in such a panic I couldn’t provide the test at the station.

To cut the story short I was released around 12pm the next day. On the liberation sheet I was given it only contained the failure to provide charge. I wasn’t given any other details of what happened when I was arrested.

I have spoken to Michael Lyon lawyers and told them the charge. At the point I spoke to them I only mentioned the charge and forgot to tell them I couldn’t remember all the details so there may be more.

I have never been in trouble before but I am in such a panic I will get jail time for what I have done. I would deserve it if I did. Is it a possibility?

I wanted to plead guilty straight away but the lawyers have told me they would plead not guilty.

Any help is much appreciated.
 
Last edited:
Capitano08 said:
Evening,

I am hoping for some advice. On Thursday evening I made a massive error and drove after drinking. I only have vague recollections of what happened. I don’t know what made the police stop me. My wife collected the car the next day and the tyre was briar with a scrape on the same side so must have hit something.

I was arrested and took to the station. I was in such a panic I couldn’t provide the test at the station.

To cut the story short I was released around 12pm the next day. On the liberation sheet I was given it only contained the failure to provide charge. I wasn’t given any other details of what happened when I was arrested.

I have spoken to Michael Lyon lawyers and told them the charge. At the point I spoke to them I only mentioned the charge and forgot to tell them I couldn’t remember all the details so there may be more.

I have never been in trouble before but I am in such a panic I will get jail time for what I have done. I would deserve it if I did. Is it a possibility?

I wanted to plead guilty straight away but the lawyers have told me they would plead not guilty.

Any help is much appreciated.
Click to expand...
You need to plead guilty my friend nothing to do
 

I wasn’t able to give one at the station and the police never told me the roadside one. I honestly have no details apart from the liberation sheet.
 
M burduja said:
On 16 next month I have the court I give you information about solicitors
Click to expand...

Don't pay anything more than about £300 if you're planning on pleading guilty. Anything more is a total waste of money, local solicitor is all you need to plead guilty no special motoring firms that will promise you everything and rinse your bank account.
 
grice96 said:
Don't pay anything more than about £300 if you're planning on pleading guilty. Anything more is a total waste of money, local solicitor is all you need to plead guilty no special motoring firms that will promise you everything and rinse your bank account.
Click to expand...

Thanks mate. They have advised me to plead not guilty to give them time to assess the case.

If I knew I was guaranteed not to get jail time I would plead guilty in a heartbeat.
 
For a first time offence, and failing to supply, prison is NOT going to happen.
They have advised you to plead not guilty so they can charge you a big fee to have a look at the paperwork to see if there is a get out, but for failing to provide, unless you had a medical reason, and told the police about it at the time, then there probably is no defence.
In the meantime the prosecution costs go up from £85 for a guilty plea to £625 for a not guilty. Even if you win, you would only get about. Quarter of the solicitors costs you have paid back.
You can write to the police station yourself and request a copy of your custody record and a copy of the custody video for the breath test procedure To review what happened and if you flatly refused.
The guidelines for failing to supply vary from 12 -36 months, according to the circmstances of your driving, how drunk you appeared to be and what explanation you offered for refusing.
If you are ‘bang to rights’ then best to plead guilty and apologise to the court. You might get the duty solicitor (free) at court on the day but that depends on how busy he is.
otherwise use a generic solicitor and as has bees said, the going rate for simple mitigation is about £300.
 
price1367 said:
For a first time offence, and failing to supply, prison is NOT going to happen.
They have advised you to plead not guilty so they can charge you a big fee to have a look at the paperwork to see if there is a get out, but for failing to provide, unless you had a medical reason, and told the police about it at the time, then there probably is no defence.
In the meantime the prosecution costs go up from £85 for a guilty plea to £625 for a not guilty. Even if you win, you would only get about. Quarter of the solicitors costs you have paid back.
You can write to the police station yourself and request a copy of your custody record and a copy of the custody video for the breath test procedure To review what happened and if you flatly refused.
The guidelines for failing to supply vary from 12 -36 months, according to the circmstances of your driving, how drunk you appeared to be and what explanation you offered for refusing.
If you are ‘bang to rights’ then best to plead guilty and apologise to the court. You might get the duty solicitor (free) at court on the day but that depends on how busy he is.
otherwise use a generic solicitor and as has bees said, the going rate for simple mitigation is about £300.
Click to expand...

Thank you very much for your response. You have helped put my mind at ease. Do you reckon there could be other charges to follow other than that on the paperwork?

I will speak to a local solicitor tomorrow before signing anything with the solicitor I spoke to.
 
We had another similar one to this a couple of weeks ago.
this is in Scotland, I take it.
Whether you appear o; the court roll or not can depend on the method of taking you to court.
The last poster was not on the court roll, even the day before the court case, he turned up and he WAS expected.
 
price1367 said:
We had another similar one to this a couple of weeks ago.
this is in Scotland, I take it.
Whether you appear o; the court roll or not can depend on the method of taking you to court.
The last poster was not on the court roll, even the day before the court case, he turned up and he WAS expected.
Click to expand...

Yeah it’s in Scotland. Is there any difference in the method of taking you to court?
 
I have to admit that Scottish court procedure is not my strong point!
Here is a link to the process of appearing in a Scottish court.

The Summary Justice Review Committee: Report to Ministers

Report of the Summary Justice Review Committee
www2.gov.scot www2.gov.scot

The only thing I can think that differentiates between if you appear on the court roll or not is that court roll business is like the English summons system where paperwork is served on you by post at a later date, whereas if you are charged and bailed directly to court then it does not appear on the court roll as it is police direct case. (Note that I am using English court terminology not the Scottish ones which are different)
 
The police came to my house earlier with a letter for me. I wasn’t in so they only left a note to say they had been. Does anyone have any idea what this would be?
 
Capitano08 said:
The police came to my house earlier with a letter for me. I wasn’t in so they only left a note to say they had been. Does anyone have any idea what this would be?
Click to expand...
I was the guy who didnt appear in the court rolls...If you are released "by way of an undertaking"..you dont appear on the court rolls... if your case is next week....it may be your case is delayed...I STRONGLY advise you to contact the court and or the police...I wasnt going to attend court, but taking advice,I did,and if i hadnt...a warrant would have been raised against me
 
Last edited:
You must log in or register to reply here.
Enter code DRINKDRIVING10 during checkout for 10% off
Top