Failure to provide breath soeciman

[pb3010]

Has anyone been sucessful in winning failure to provide breath speciman without reasonable excuse

 

[sighingforlife]

Has anyone been sucessful in winning failure to provide breath speciman without reasonable excuse

I believe reasonable excuse is the only statutory defence, so on what other basis would you be trying to win?

There's the usual procedural irregularities route - demonstrating that the police didn't follow the proper process and the case should therefore be dismissed.

There's is waiting 6 months and hoping the police fail to file the court paperwork in time.

Finally there's what RTOA call 'special reasons', which apply to a number of driving offences.

If you want to argue for procedural irregularities or special reasons then I'd thoroughly recommend a solicitor as they are quite technical areas of law.

 

[pb3010]

Thank you for your response. I have instructed a motoring solicitor. They havent said about prospects as they only have my statement n charge sheet. Nothing on online platform. Court date in 2 weeks

 

[pb3010]

Some med reasons . Pretty sure it wont be adequate as it has to be acute respiratory or MH i heard. Procedural not sure as they have only disclosed partial custody records as its like a tick box exercise for them

 

[sighingforlife]

Good luck, let us know how you get on.

 

[pb3010]

Good luck, let us know how you get on.

You said something about 6 mth waiting. What was that pls

 

[sighingforlife]

You said something about 6 mth waiting. What was that pls

The police/CPS have 6 months to bring the case before the magistrates courts. If they don't, then you're in the clear.

 

[pb3010]

The police/CPS have 6 months to bring the case before the magistrates courts. If they don't, then you're in the clear.

I have court hearing in 2 weeks.feel so down. There is so many things i could have done. Taken offer for sols at police station. He would have advised that it was better to try harder n just give the evidential tests.