Failure to provide specimen

[BRJ22]

I was pulled over by police on the motorway and escorted into the back of a police car. The police preceded to tell me i had been in an incident, which I was unaware of. Apparently it was a rear hit and scratches on a 3rd party, I thought at then time the noise was me going over a pot hole. The 3rd party drifted into my lane, and must have made contact with the front side of my vehicle.

I was handcuffed in the back of the police car. The police preceded to ask for a breath specimen. I tried to give two breath specimens, but because of my asthma, panic, and anxiety my exhalent breath wasnt strong enough. From here, I was taken to the police station. I told the police I had chest pains, and on being booked in at reception I collapsed from an anxiety attack, and hit my head hard on the side of the reception.

I was unable to walk, my head and neck were in agony. A police nurse saw me and said it could be a panic attack. From here I was dragged into a cell, and strip searched. I was then left here for 6 hours. There was no attempt to take a specimen at the station. I went to the hospital independently two days later, and here I was diagnosed with a concussion.

My court date is soon, and I am being charged with failure to provide a specimen. I was wondering what shall I plead, and what length of ban I could be facing?

 

[Martin Hammond]

Assuming you plead guilty you are looking at a disqualification and a punishment which ranges from fine to community punishment and in rare cases prison. The problem is they don't know how much you had to drink and they are likely to be saying you deliberately refused which will make things even worse.

However, you do have potential defences available to you. I suggest you call and speak to a road traffic specialist lawyer as you could potentially look to defend this matter. If you struggle finding one let me know and I will get one of my team to contact you.

Kind regards
Martin.