Failure to provide whist in charge

Convicted Driver Insurance

hs3012

New Member
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!
 
Good Morning,

Its a tough one because it potentially could be defended, as it appears he wasn't in a fit state to provide a sample but the cost of a trial can be extremely prohibitive.

The way I would deal with this is to hire a decent specialist solicitor and try get a short ban rather than points. If he gets it down to 'in charge' fail to provide, the Court could give a short ban which wouldn't require him to retake his test nor have the threat of totting up in the future.

Good luck

Kind regards
Martin.
 
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