Failure to provide whilst in charge of a vehicle

[hs3012]

My partner last week ended up in abit of a mess but we are not sure that what he is being charged with is correct at all!

He got into a fight with a mate drunk and the neighbours called the police

When they arrived the car was parked locked and he didn’t have the keys on him, the car hadn’t been drove for hours which was earlier in the day before he parked it up to go to the pub

they then said they suspect he has been driving so gave him a breath sample which was over so arrested him for suspicion of drink driving

His face was covered in blood, he had been hit in the face multiple times he tooth had gone through his lip and his nose was bleeding

They told me not to worry as he would be taken to hospital before hand

He wasn’t taken to hospital, his face wasn’t even cleaned up, they refused him water when he said he felt sick even though he had been hit in the head

At the station he attempted to give a sample but it wouldn’t go through due to him not breathing hard enough I assume

The next morning they said they are dropping the drink drive charge but are not charging him with failure to provide in charge of a vehicle?!

They asked him why he failed it and he told them probably because his face was busy up!

Non of this sounds right to us but as it stands he has a court date in 3 weeks and has only had his licence 4 months which means even if they apply 10 points his license will be revoked!

 

[Hobgoblin]

It isn't 10 points for Failure to Provide, unfortunately, it is a long ban and high risk offender status, whereas being in charge of a vehicle is likely to be 10 points, as you say. What was the specific charge?

I suggest posting in the 'Ask the Solicitor' section.

 

[hs3012]

It isn't 10 points for Failure to Provide, unfortunately, it is a long ban and high risk offender status, whereas being in charge of a vehicle is likely to be 10 points, as you say. What was the specific charge?

I suggest posting in the 'Ask the Solicitor' section.

They arrested him on the night for drink driving even though the car was parked, locked and the keys weren’t on him

In the morning they dropped that charge and charged him with failure to provide whilst suspected of being in charge of a vehicle

But we don’t see how due to the fact they did not tend to his injuries with his face covered in blood how they thought he was in a fit state to provide one!

 

[BigTom]

My partner last week ended up in abit of a mess but we are not sure that what he is being charged with is correct at all!

He got into a fight with a mate drunk and the neighbours called the police

When they arrived the car was parked locked and he didn’t have the keys on him, the car hadn’t been drove for hours which was earlier in the day before he parked it up to go to the pub

they then said they suspect he has been driving so gave him a breath sample which was over so arrested him for suspicion of drink driving

His face was covered in blood, he had been hit in the face multiple times he tooth had gone through his lip and his nose was bleeding

They told me not to worry as he would be taken to hospital before hand

He wasn’t taken to hospital, his face wasn’t even cleaned up, they refused him water when he said he felt sick even though he had been hit in the head

At the station he attempted to give a sample but it wouldn’t go through due to him not breathing hard enough I assume

The next morning they said they are dropping the drink drive charge but are not charging him with failure to provide in charge of a vehicle?!

They asked him why he failed it and he told them probably because his face was busy up!

Non of this sounds right to us but as it stands he has a court date in 3 weeks and has only had his licence 4 months which means even if they apply 10 points his license will be revoked!

They must have a reason to suspect that he had driven. The CPS would not go for a prosecution unless there was more than that, so I presume they have some evidence - a witness, CCTV etc.

Drink driving and being in charge are both offences, but fail to provide is a separate offence in its' own right. Had he blown and then CPS decide lack of evidence than the charge would have been dropped, however failure to provide is definitely provable, albeit if there is a genuine reason why then it could be argued with the help of suitable legal counsel.

 

[Hobgoblin]

They arrested him on the night for drink driving even though the car was parked, locked and the keys weren’t on him

In the morning they dropped that charge and charged him with failure to provide whilst suspected of being in charge of a vehicle

But we don’t see how due to the fact they did not tend to his injuries with his face covered in blood how they thought he was in a fit state to provide one!

Thanks, I missed that bit.

 

[TCB1989]

It isn't 10 points for Failure to Provide, unfortunately, it is a long ban and high risk offender status, whereas being in charge of a vehicle is likely to be 10 points, as you say. What was the specific charge?

I suggest posting in the 'Ask the Solicitor' section.

Absolutely not,in charge of a vehicle and not driving with an exemplary clean record you can get 10 points and dodge the ban. Failure to provide is far more serious and will result in some form of ban!

 

[Xeronema]

Absolutely not,in charge of a vehicle and not driving with an exemplary clean record you can get 10 points and dodge the ban. Failure to provide is far more serious and will result in some form of ban!

That's what they said, although I did read it wrong at first too.

 

[Bad_karma]

He wasn’t taken to hospital, his face wasn’t even cleaned up, they refused him water when he said he felt sick even though he had been hit in the head

If I were you I think it would be wise to instruct a solicitor. I am by no means a massive fan of the police, but to play devil’s advocate for a minute, was there a nurse or some form of practitioner at the station? what was the reason they didn’t allow him to drink? was his face covered in blood or was it a bit of dried blood?

I’m a stranger on the internet who by no means knows the full ins and outs but I would find it incredibly hard to believe police didn’t help someone in serious medical need of it. Just something to bear in mind if you enter a not guilty plea on this basis…