failure to provide (not driving)

Convicted Driver Insurance

ryan

New Member
Hello. Please can you help.
A few weeks ago i was a passenger in a vehicle which was stopped. the driver exited the vehicle as did i so the officers didn't know who was driving. we were both complient with the road side test, both failed and were both arrested on suspicion of drink driving. at the station i was again fully complient with the machine and my breath can also be heard on the cctv audio evidence going into the machine, although somehow i was told i failed to provide a specimen. now starting to worry i asked for a blood test which was refused. i was then locked up for 12 hours before my release.

The driver is going to admit driving in court, but i also realise that failure to provide is an offence whether you are driving or not.
The court date is in 1 week and i have been trying to find a solicitor for 2 weeks now, but none seem interested as none of my calls have been returned and the only one who did said that as i had been refused legal aid he would charge me in the region of £1500!
My main concern is what is the liklehood of me receiving a ban and second, as the driver is going to own up, do i really need to spend such a large amount of money on a solicitor, as i firmly believe i have done no wrong and really cannot afford anywhere near this amount.

Thenk you for your help

Ryan in Bristol
 
It is my advice that you obtain representation from a motoring lawyer who specialises in defending motorists accused of committing alcohol related motoring offences. This is because if you say that you tried to provide a breath sample your solicitor will need to robustly cross examine the police in charge of the breathalyser procedure. If your licence is important to you I would recommend that you approach a motoring lawyer quickly.
 
Whilst you are still guilty of the offence of failing to provide if you were not the driver, the fact someone else was driving will make a big difference to sentence. The court will want to hear evidence on the point but if they accept that you were not the driver then you would avoid a disqualification from driving and instead receive penalty points.
 
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