Failure to provide specimen or specimens for analysis HELP:(

[TCB1989]

If I plead non guilty without a solicitor is there any chance of winning the case, my points being

- I have not drunk alcohol in ages
-I had a small amount and was unaware I was over the legal limit as I felt completely fine and was not impaired
- I was in paracetamols and anti Biotics
- I did not eat all day and finished work at 9:30 no food as has been hectic
-I was taking a 5 min journey to the petrol station and was planning to return back to my friends house
-I am claustrophobic and felt panicky as it’s my first time in hand cuffs and the police did not loosen them
- I never sit in the back of cars because of my claustrophobia
-I tried to blow into the machine but it just wasn’t picking up my readings
- I will never consume any alcohol not even a sip and drive again as I have already learnt my lesson staying one night in a cell
-without my license I am unable to pay my loans for mt vehicle that I just Purchased for work
-without work I am unable to help me dad with funds
- the company I work for since January has invested a lot of money in me as well as my self being the first apprentice on the firm to purchase there own tools and ulez vehicle (van)
-they have a gas course ready for me to do but I will be unable to continue without a license.

so much to loose on my side. Is there no chance at all without a solicitor, specialists, etc to test the machine or myself for any unaware medical issues I may have that caused me not to be able to blow correctly that I can win this case

Unfortunately all the above points have no relevance and will NOT stop you getting banned. You WILL be banned for at least 12 months and fined. You need a genuine medical condition to not lose your license and have this verified by your GP I believe so again unless you have a diagnosed medical condition its a no go.

As someone has previously mentioned you are now also classed as a high risk offender, meaning you will have a mark on your license for 11 years and will also have to satisfy a doctors medical and CDT blood test, so abstaining will be the only option weeks/months before your medical.

I also did a no blow and it was the worst mistake of my life and i've ended up with a DR30 on my license, they treat you worse in court than what you did if you actually blew over. You don't need a solicitor necessarily as all they will do is argue your case of being a good character.

My advice, dress smart, get character references from work or professionals you know and more importantly show remorse.

 

[Shoegal]

You made thinks worse by not blowing in the machine you will get banned thats a definite and magistrates seem to giving out 18 month bans alot now as a minimum sentence.
Its crap but as people have said once you have been to court its a big relief so hang in there.

You made thinks worse by not blowing in the machine you will get banned thats a definite and magistrates seem to giving out 18 month bans alot now as a minimum sentence.
Its crap but as people have said once you have been to court its a big relief so hang in there.

I failed to provide at the station but I blew 103 on the road and they used this to look at the length of ban I was given. The judge gave me 18 months, minus 18 weeks as I did the course. If they take your roadside reading you may get 12 months reduced to 9 if you do the course. That’s the best option I think you could hope for tbh. Court was scary but I’m a teacher - the governors, HR and national teaching board was much worse. I applied for my license yesterday and am now dreading the long wait due to being HRO. Good luck to you, use this experience to change your life for the better. I’d avoid the ‘rum and coke’ as that is illegal and you don’t need anymore heat on you. x

 

[Stevienix]

Hi all,

just wondering if someone has been charged with this road traffic offence and can share there experience and get advice from any one who knows. I have tried solicitors but I’m financially unable to use there services.

I got pulled over as my rear lights where not on, I had a 330 small beer and almost half off anther one a few hours prior to driving, I felt completely fine. I had not eaten all day and have not had any alcohol in ages, I was on paracetamols and antibiotics. The coppers did find a tiny bit of gear on me however I haven’t been charged for anything about that according to my paperwork

The police smelt it and breath tested me on road side, I blew 66 what is almost double the limit being 35.

in the police station I tried my best to do the breath test on there machine but I wasn’t able to blow how they wanted it and the machine wasn’t picking up any readings, hence been charged with failure to provide specimens after trying around 6-8 times give or take

I got a court date for early may, and not sure what to do at all. My license is my lively hood and without it I will be unable to make any income as a plumber I can’t travel on public transport with multiple lengths of pipes and materials, baths boilers you name it. and I have responsibilities and bills to pay, last year I had 7 months of to study and wasn’t working, I only became self employed I. January and this has happened a few days ago.

really not sure what to do as I can’t afford a solicitor I have called loads up and just don’t have the money to pay for them, literally just started my self up, got a loan on my Ulez van, tools workwear etc.


thanks

Hi ya

Can I ask when it was you were arrested? Did they take a blood sample if you were unable 2 blow into breathaliser machine,

I was unable to blow into the machine due to severe chest infection and they took bloods from me..

 

[Stevienix]

Hi all,

just wondering if someone has been charged with this road traffic offence and can share there experience and get advice from any one who knows. I have tried solicitors but I’m financially unable to use there services.

I got pulled over as my rear lights where not on, I had a 330 small beer and almost half off anther one a few hours prior to driving, I felt completely fine. I had not eaten all day and have not had any alcohol in ages, I was on paracetamols and antibiotics. The coppers did find a tiny bit of gear on me however I haven’t been charged for anything about that according to my paperwork

The police smelt it and breath tested me on road side, I blew 66 what is almost double the limit being 35.

in the police station I tried my best to do the breath test on there machine but I wasn’t able to blow how they wanted it and the machine wasn’t picking up any readings, hence been charged with failure to provide specimens after trying around 6-8 times give or take

I got a court date for early may, and not sure what to do at all. My license is my lively hood and without it I will be unable to make any income as a plumber I can’t travel on public transport with multiple lengths of pipes and materials, baths boilers you name it. and I have responsibilities and bills to pay, last year I had 7 months of to study and wasn’t working, I only became self employed I. January and this has happened a few days ago.

really not sure what to do as I can’t afford a solicitor I have called loads up and just don’t have the money to pay for them, literally just started my self up, got a loan on my Ulez van, tools workwear etc.


thanks

Hi ya

Can I ask when it was you were arrested? Did they take a blood sample if you were unable 2 blow into breathaliser machine,

I was unable to blow into the machine due to severe chest infection and they took bloods from me

 

[Stevienix]

Hi all,

just wondering if someone has been charged with this road traffic offence and can share there experience and get advice from any one who knows. I have tried solicitors but I’m financially unable to use there services.

I got pulled over as my rear lights where not on, I had a 330 small beer and almost half off anther one a few hours prior to driving, I felt completely fine. I had not eaten all day and have not had any alcohol in ages, I was on paracetamols and antibiotics. The coppers did find a tiny bit of gear on me however I haven’t been charged for anything about that according to my paperwork

The police smelt it and breath tested me on road side, I blew 66 what is almost double the limit being 35.

in the police station I tried my best to do the breath test on there machine but I wasn’t able to blow how they wanted it and the machine wasn’t picking up any readings, hence been charged with failure to provide specimens after trying around 6-8 times give or take

I got a court date for early may, and not sure what to do at all. My license is my lively hood and without it I will be unable to make any income as a plumber I can’t travel on public transport with multiple lengths of pipes and materials, baths boilers you name it. and I have responsibilities and bills to pay, last year I had 7 months of to study and wasn’t working, I only became self employed I. January and this has happened a few days ago.

really not sure what to do as I can’t afford a solicitor I have called loads up and just don’t have the money to pay for them, literally just started my self up, got a loan on my Ulez van, tools workwear etc.


thanks

Hi, can I ask when it was you were 1st arrested, if you blew 66 on the roadside would they not use that as a reading if you could not blow on machine in police station?

 

[JamesH2122]

Hi, can I ask when it was you were 1st arrested, if you blew 66 on the roadside would they not use that as a reading if you could not blow on machine in police station?

The roadside reading isn't admissible in court as the roadside devices are only indicators - they aren't calibrated to the same standard as the machines at the station.

Hi ya

Can I ask when it was you were arrested? Did they take a blood sample if you were unable 2 blow into breathaliser machine,

I was unable to blow into the machine due to severe chest infection and they took bloods from me..

It sounds like you were one of the few people in history who claimed to have a reason for not being able to blow that the police believed! There is absolutely zero obligation for the police to offer a blood or urine test if someone fails to provide a sample (without genuine reasons, which almost never exist short of being incapacitated in a hospital bed) at the station. Otherwise even more people would try and game the system and use the delay it would take for a blood sample to be taken to show a lower reading. Just as they used to be able to do when a blood or urine sample could be provided if the evidential breath reading was between 40-50.

 

[Zuestheripper]

Hi all, few days to go until the court date.

I’ve got a letter from my boss saying how I am at work and how having a vehicle will effect me.

I got a letter proving that I purchased my own van that was not cheap and I’m just a apprentice.

If asked Although it may not be asked about how many drinks I did have I’ll just say 2/3 pints instead of 2 small beers perhaps.

I am remorseful and will explain that even so while driving to the date of the course I have definitely learned my lesson and regret every Desi on made on that day, it’s made me feel down however I can only take a positive out of a bad situation and that’s to learn and never do something so silly again.

Dress smart, and ask for a reduced sentence with the course as was my mistake and I hold my hands up and admit that, but I’m a genuine honest working man and and it was a mistake, lesson learnt from that day tbh.

All I can do is be myself because I do regret it and say this to the judge.

What happens after this is out of my hands. Thanks a lot everyone

 

[JamesH2122]

i wouldn't recommend lying about how much you had to drink.

And the letter from your employer stating how much not having a vehicle will impact you will be irrelevant. Taking away your vehicle and impacting your life is part of the punishment.

You are also very unlikely to be facing a judge, it will almost certainly be three magistrates.

You may be best just giving/confirming your name/address/date of birth, etc, pleading guilty. and making it as quick a case as possible for the magistrates. They tend to prefer that.

 

[Norts]

You won't get asked how much you'd had to drink. All the Magistrates will look at is what the reading you did give was, and the fact that you later failed to provide a sample for analysis.

 

[Zuestheripper]

i wouldn't recommend lying about how much you had to drink.

And the letter from your employer stating how much not having a vehicle will impact you will be irrelevant. Taking away your vehicle and impacting your life is part of the punishment.

You are also very unlikely to be facing a judge, it will almost certainly be three magistrates.

You may be best just giving/confirming your name/address/date of birth, etc, pleading guilty. and making it as quick a case as possible for the magistrates. They tend to prefer that.

In regards to the letter would it not be good just to show the judges I am a honest working person,

i wouldn't recommend lying about how much you had to drink.

And the letter from your employer stating how much not having a vehicle will impact you will be irrelevant. Taking away your vehicle and impacting your life is part of the punishment.

You are also very unlikely to be facing a judge, it will almost certainly be three magistrates.

You may be best just giving/confirming your name/address/date of birth, etc, pleading guilty. and making it as quick a case as possible for the magistrates. They tend to prefer that.

I appreciate that, but I would like to try and get the smallest amount ban possible….

 

[Luna2000]

In regards to the letter would it not be good just to show the judges I am a honest working person,

I appreciate that, but I would like to try and get the smallest amount ban possible….

I think the key point and main issue you have is the 'Refusal' at the Police Station. Regardless of your individual circumstances, you will get somewhere between a 12 month and 18 month ban (reduced by 25% if you are offered and complete the Awareness Course.)

So the 'best' you can hope for is 12 months (reduced to 9), but because of your age and probable good health, I don't think the magistrates will look too kindly on you not being 'able' to blow so it might get to 18 months (reduced to 13.5.)

You need to prepare yourself psychologically for this and look at practical measures to deal with your van.

Sorry if you think this is negative, but I would argue it is realistic.

 

[Zuestheripper]

I think the key point and main issue you have is the 'Refusal' at the Police Station. Regardless of your individual circumstances, you will get somewhere between a 12 month and 18 month ban (reduced by 25% if you are offered and complete the Awareness Course.)

So the 'best' you can hope for is 12 months (reduced to 9), but because of your age and probable good health, I don't think the magistrates will look too kindly on you not being 'able' to blow so it might get to 18 months (reduced to 13.5.)

You need to prepare yourself psychologically for this and look at practical measures to deal with your van.

Sorry if you think this is negative, but I would argue it is realistic.

I have prepared for it, & I’m a first time offender, what ever the punishment I get is, is what it is as it’s out of my hands in this case. I don’t think what your saying is negative, all I can ask for is the truth to help me gauge what is going to occur give or take on the day.

I just hope the magistrates see this, as I mentioned, I wasn’t working almost all of last year as I was studying, this year I have spent so much investigating in myself as well as the firm I am on. I’m sorry and have learnt my lesson, here is a few references, punish me but just don’t give me the high end of the spectrum to say the least is what I’d like the outcome to be, besides not getting banned

Any who tomorrow is the day I’ll find out.

 

[Luna2000]

I have prepared for it, & I’m a first time offender, what ever the punishment I get is, is what it is as it’s out of my hands in this case. I don’t think what your saying is negative, all I can ask for is the truth to help me gauge what is going to occur give or take on the day.

I just hope the magistrates see this, as I mentioned, I wasn’t working almost all of last year as I was studying, this year I have spent so much investigating in myself as well as the firm I am on. I’m sorry and have learnt my lesson, here is a few references, punish me but just don’t give me the high end of the spectrum to say the least is what I’d like the outcome to be, besides not getting banned

Any who tomorrow is the day I’ll find out.

Keep us updated will you?

 

[RSC]

Keep us updated will you?

Have you thought about Luna's suggestions about your van? Have you spoken to your boss about buddying up with somebody who could drive to your appointments? Also - if that doesn't work out - will you sell it or have you somewhere to keep it off road?

 

[Zuestheripper]

Hi all, quick update….

I got a letter from my boss, regardless if it helps or not I have got this. I sometimes have to pick up anther lad and without me he can’t work when not studying too.

I got a letter from my gp confirming I have panic attack episodes. I couldn’t blow into the machine for what ever reason I can’t explain but I couldn’t however I was trying I never refused.

I’ll go guilty as I don’t have a solicitor, if you guys agree with this still but will hand them the papers I have.

What’s your thoughts before tommorow guys

 

[Zuestheripper]

Have you thought about Luna's suggestions about your van? Have you spoken to your boss about buddying up with somebody who could drive to your appointments? Also - if that doesn't work out - will you sell it or have you somewhere to keep it off road?

Everyone lives far, however I have paid a deposit to rent a property in order to get to the other guys.

 

[Luna2000]

Hi all, quick update….

I got a letter from my boss, regardless if it helps or not I have got this. I sometimes have to pick up anther lad and without me he can’t work when not studying too.

I got a letter from my gp confirming I have panic attack episodes. I couldn’t blow into the machine for what ever reason I can’t explain but I couldn’t however I was trying I never refused.

I’ll go guilty as I don’t have a solicitor, if you guys agree with this still but will hand them the papers I have.

What’s your thoughts before tommorow guys

I think this is your best option. Drink Driving is an absolute offense. This means there are very few, if any reasons, you will ever get away with not being banned. Plus given the airflow required in the machine in the Police station is incredibly low an unless you have almost end stage COPD, you should be able to blow for long enough.

 

[ANDIENOD72]

How did you get on??
hope it wasnt to bad