Failure to produce sample

[Geo22]

Pray tell what answer you were expecting?

You are not the judge and a solicitor unless you told me.

 

[Geo22]

Hes also said he's had covid 2 times then later on in the thread he said he's had covid 3 times some people hey

Are you picking on the typo error or the story? The key message there is I had Covid, yes. Number of times is immaterial as it is a typo error. Read the story .

 

[Geo22]

Your looking for a way out of taking responsibility of what you have done we have heard it all before your excuses are terrible to be honest do yourself a favour just plead guilty take the punishment and get on with your life or I can guarantee if you fight it you will have wasted thousands on a solicitor and your punishment will be alot worse for wasting the magistrates time

I do really appreciate that, however, I will give it a shot.
I will need a proof of evidence from the police that showed when a member of the public called of driving misconduct.
My question to you and to all, if police failed to produce that evidence, was my arrest lawful or not?

 

[JamesH2122]

I do really appreciate that, however, I will give it a shot.
I will need a proof of evidence from the police that showed when a member of the public called of driving misconduct.
My question to you and to all, if police failed to produce that evidence, was my arrest lawful or not?

The police can pull you over without needing a reason.

Being stopped by the police while driving

What happens if you're stopped by the police while driving - breath tests, motoring offences, faults with your vehicle, seizing your vehicle

www.gov.uk

I assume English isn't your first language, given the way you write, or perhaps it's alcoholic-related dementia, but you are trying to find a defence that doesn't exist.

 

[Geo22]

The police can pull you over without needing a reason.

Being stopped by the police while driving

What happens if you're stopped by the police while driving - breath tests, motoring offences, faults with your vehicle, seizing your vehicle

www.gov.uk

I assume English isn't your first language, given the way you write, or perhaps it's alcoholic-related dementia, but you are trying to find a defence that doesn't exist.

Thanks for your comments.
But you can understand most of my words right?
I think you are one of the antagonists people by first referring to my English instead of looking at facts and the story.

You that claimed that you understand English haven’t even answered my questions when it was clearly stated, instead you are going round the bush.

I asked a simple question a normal person that understands English writing can answer straight away and you failed to answer that instead picking up errors if the person is English or not.

Off course, I know that police can stop any vehicle at any time but they must tell you the reason why they stopped you.

In my report, may be you have dementia or something else, it was written that they suspected wrong driving of me but verbally I was told that I was pulled over because of the information they received from the member of the public. During the conversation at road side, I requested evidence but they told me it is confidential.

And I asked you who understands English if no proof was provided, was my arrest lawful or not??

I’m glad you are not a judge because people of your kind will damage a lot of things because of race.

May God bless you.

 

[C J 1980]

From reading through this thread - Geo22 is adamant
he/she is not in the wrong and there is no point trying to
offer advice to someone who has no intention of listening
to us. Clearly, he/she is in for a rude awakening in the court
room. It would be interesting to see whether he/she returns
to the forum, with his/her tail between their legs in a few
weeks time. I would guess not. CJ

 

[Geo22]

From reading through this thread - Geo22 is adamant
he/she is not in the wrong and there is no point trying to
offer advice to someone who has no intention of listening
to us. Clearly, he/she is in for a rude awakening in the court
room. It would be interesting to see whether he/she returns
to the forum, with his/her tail between their legs in a few
weeks time. I would guess not. CJ

This is a forum and everyone has the the right to bring his/her opinion.
You have no right to instruct someone’s dismissal.
In this forum, someone accused my mental health capabilities and my English which shouldn’t be and you expect me to keep quiet.
You can choose not to reply to my questions instead of asking my name be removed.
I would expect you to do that as a normal person.

 

[BigTom]

This is a forum and everyone has the the right to bring his/her opinion.
You have no right to instruct someone’s dismissal.
In this forum, someone accused my mental health capabilities and my English which shouldn’t be and you expect me to keep quiet.
You can choose not to reply to my questions instead of asking my name be removed.
I would expect you to do that as a normal person.

Good luck @Geo22 . You are 100% right. The Police should not have stopped you, they should have told you why they did. Having Covid is a reasonable excuse for not blowing. Blowing once when you are required to blow twice is fine. You are totally innocent and everyone here trying to offer advice are idiots. I really wish I was the magistrate on your case, I would find you innocent, award you an MBE and issue a bank holiday in your name!

 

[mrturk]

Off course, I know that police can stop any vehicle at any time but they must tell you the reason why they stopped you.

Hello,

No the police are not required to give a reason for stopping your vehicle. A vehicle stop can be performed at any time, at random. It's an offence to not stop when indicated to do so, that's all the law saws about the subject.

Additionally, an unlawful stop would not invalidate a drink drive charge or failure to stop charge. In the UK, evidence obtained through unlawful stops or arrests is rarely excluded by the courts unless the unlawful stop or arrest compromised the evidence. That's not the case here in any event, this was a lawful stop and breath sample request.

The level is irrelevant for this charge - failing to provide a sample is an entirely separate offence to drink driving. They are no longer investigating you for drink driving. In fact, I have seen cases where a person was convicted of both - failing to provide a sample at the roadside, even though they provided an evidential sample at the station. Once you fail or refuse to provide, the offence is complete, legally speaking.

Providing one out of two samples is still failing to provide, even if you provided one sample. Whether or not that sample is below the limit is irrelevant.

It is your right to plead not guilty of you choose - I will caution you that on the basis of what you have described so far your defence has little chance of succeeding. Defending a failure to provide charge is significantly more difficult than defending a drink drive charge, because very little evidence is needed to prove the offence. It is possible that once a solicitor looks over the case they can find a procedural error, but I would manage your expectations. It's a high cost strategy with a low success rate.

 

[Geo22]

Hello,

No the police are not required to give a reason for stopping your vehicle. A vehicle stop can be performed at any time, at random. It's an offence to not stop when indicated to do so, that's all the law saws about the subject.

Additionally, an unlawful stop would not invalidate a drink drive charge or failure to stop charge. In the UK, evidence obtained through unlawful stops or arrests is rarely excluded by the courts unless the unlawful stop or arrest compromised the evidence. That's not the case here in any event, this was a lawful stop and breath sample request.

The level is irrelevant for this charge - failing to provide a sample is an entirely separate offence to drink driving. They are no longer investigating you for drink driving. In fact, I have seen cases where a person was convicted of both - failing to provide a sample at the roadside, even though they provided an evidential sample at the station. Once you fail or refuse to provide, the offence is complete, legally speaking.

Providing one out of two samples is still failing to provide, even if you provided one sample. Whether or not that sample is below the limit is irrelevant.

It is your right to plead not guilty of you choose - I will caution you that on the basis of what you have described so far your defence has little chance of succeeding. Defending a failure to provide charge is significantly more difficult than defending a drink drive charge, because very little evidence is needed to prove the offence. It is possible that once a solicitor looks over the case they can find a procedural error, but I would manage your expectations. It's a high cost strategy with a low success rate.

Thanks for your feedback @mrturk. This is the best reply I have ever received in this forum.
Your conclusion is awesome.
My intention is to see if my sentence will be reduced if found guilty at least to safe my licence. I’m not bothered about the cost. This is a big lessons learned for me and for my love ones.
Once again, thanks very much for your comments and not some antagonistic people here; instead of reading the story, they looked at the English typo errors which anyone can do.

 

[WinterSnow]

Thanks for your feedback @mrturk. This is the best reply I have ever received in this forum.
Your conclusion is awesome.
My intention is to see if my sentence will be reduced if found guilty at least to safe my licence. I’m not bothered about the cost. This is a big lessons learned fo me and for my love ones.
Once again, thanks very much for your comments and not some antagonistic people here; instead of reading the story, they looked at the English typo errors which anyone can do.

Your sentence will not be reduced. On the 12th you will lose your license. It’s 17-28 months, plus costs etc.
All other comments were not antagonistic just real. You just don’t want to hear them: nothing to do with spelling or typos.

 

[Geo22]

Your sentence will not be reduced. On the 12th you will lose your license. It’s 17-28 months, plus costs etc.
All other comments were not antagonistic just real. You just don’t want to hear them: nothing to do with spelling or typos.

I rejected your wishes in Jesus name. Evil man. Did I need your advice? See how small your brain is. People like you shouldn’t be in this forum.
I don’t care about the cost; at the end of day nobody dies. I move on with my life.

But you read when someone mentioned if I had dementia and questioning my English. He didn’t even know me.

 

[WinterSnow]

I rejected your wishes in Jesus name. Evil man. Did I need your advice? See how small your brain is. People like you shouldn’t be in this forum.
I don’t care about the cost; at the end of day nobody dies. I move on with my life.

But you read when someone mentioned if I had dementia and questioning my English. He didn’t even know me.

Wow. Then I suggest you leave this forum where honest and genuine people ask for help.

Yes you needed my advice hence why you posted but you do not like the truth.

You are rude in your responses to me but yet I still wish you well on the 12th. I hope your God is kind to you unlike the way you speak to others.

 

[Geo22]

Wow. Then I suggest you leave this forum where honest and genuine people ask for help.

Yes you needed my advice hence why you posted but you do not like the truth.

You are rude in your responses to me but yet I still wish you well on the 12th. I hope your God is kind to you unlike the way you speak to others.

I suggest you also leave this forum and go and acquire manners. Why should I need your advice when it sucks.
I never replied otherwise to you.
You wishes me failure which I rejected by the power of Jesus Christ the Lord.

Have you seen the response from @mrturk; well constructive feedback. Did I replied otherwise.
Better go and get some manners on how to speak to people.

The best way is don’t reply my post.

 

[C J 1980]

Wow. Then I suggest you leave this forum where honest and genuine people ask for help.

Yes you needed my advice hence why you posted but you do not like the truth.

You are rude in your responses to me but yet I still wish you well on the 12th. I hope your God is kind to you unlike the way you speak to others.

WinterSnow

I wouldn't rise to it mate. Geo22 seems to be one of these people who will always have the last word. I think we have exhausted the content of this thread and are just going around in circles offering our advice to him/her.

CJ

 

[WinterSnow]

I suggest you also leave this forum and go and acquire manners. Why should I need your advice when it sucks.
I never replied otherwise to you.
You wishes me failure which I rejected by the power of Jesus Christ the Lord.

Have you seen the response from @mrturk; well constructive feedback. Did I replied otherwise.
Better go and get some manners on how to speak to people.

The best way is don’t reply my post.

You don’t want to hear the truth and I have said no different to mrturk however for some reason you have become abusive towards me. You do know that mrturk was telling you that you will be found guilty too?

In addition please don’t tell me what I can or can’t do. You chose to come on this site for advice; but seem incapable of taking it. When it comes to manners YOU are the one name calling not me. That’s not very Godly.

I still wish you well for the 12th because I’m not not mean or judgmental just a realist.

WinterSnow

I wouldn't rise to it mate. Geo22 seems to be one of these people who will always have the last word. I think we have exhausted the content of this thread and are just going around in circles offering our advice to him/her.

CJ

I know. It just makes me angry when they are so rude!!

 

[Missbee]

I suggest you also leave this forum and go and acquire manners. Why should I need your advice when it sucks.



I never replied otherwise to you.



You wishes me failure which I rejected by the power of Jesus Christ the Lord.







Have you seen the response from @mrturk; well constructive feedback. Did I replied otherwise.



Better go and get some manners on how to speak to people.







The best way is don’t reply my post.



I know it's hard to hear the truth, but you're not going to escape punishment and it will definitely be a minimum of losing your licence. People on here aren't trying to get at you, they are all going through it too! We've all been there. Life just moves on and I can honestly say this forum has been a life line for me. I wish I found it at the start of my journey like you have rather then towards the end like I did. Good luck on 12th. I hope you come back and update us so we can support you

 

[London89]

Please advise

I blew 56 at the road side. Paramedics assessed me and advised that my mental state was not stable as l crashed trying to commit suicide. Paramedic advised me strongly in the presence of police officers to not agree to any blood or urine tests. The police then left the hospital. I was then discharged with no treatment from the hospital.
Will l be charged with failure to produce

 

[JamesH2122]

Please advise

I blew 56 at the road side. Paramedics assessed me and advised that my mental state was not stable as l crashed trying to commit suicide. Paramedic advised me strongly in the presence of police officers to not agree to any blood or urine tests. The police then left the hospital. I was then discharged with no treatment from the hospital.
Will l be charged with failure to produce

Always varies from case to case but I am aware of situations where the police don't take any further action when it was clear there was a suicide attempt, etc.

Did you actively refuse to give samples?

 

[London89]

Always varies from case to case but I am aware of situations where the police don't take any further action when it was clear there was a suicide attempt, etc.

Did you actively refuse to give samples?

Yes l did. The paramedic advised me against it in the presence of police officers. She told to trust her advise and she offered to tell them to contact them give any evidence if required about refusing blood tests