Failure to provide

Convicted Driver Insurance

Gemelos2008

New Member
Hi, I was pulled over and asked to do a roadside breath test. I did the test and it came out higher than I would have expected to. I was arrested and taken to the police station to do a breathalyser. The machine gave 2 readings with a difference of 10. The police said this wasn’t normal and said I’d have to give a different specimen. I said I could do a urine sample because I didn’t like blood tests and gave my reasons. The nurse didn’t think my reasons were a “reasonable excuse” I kept asking to do the urine sample, but was still told no. They then charged me with failure to provide. I didn’t completely understand the consequences.

I have ADHD and ASD
Blood tests are a sensory difficulty - I have to be forewarned of it happening and sometimes I haven’t turned up for an appointment because I couldn’t do it that day - due to my “issues” I didn’t like the nurse in the police station, I know that isn’t a reasonable excuse, but she was making me feel really stupid. I also didn’t feel comfortable in the room, I was cold, I was upset, I didn’t have anyone around that I knew etc.

I have been told that a fear of needles can be a “reasonable” excuse, but as I’ve always managed to mask my issues, I don’t have it on paper so a doctor wouldn’t be able to write me a letter for it.

Does ADHD and ASD bear any weight at all in court?

Another thing that could have led to the machines giving false readings is, I have a hiatus hernia which gives me a lot of acid reflux - would that be taken into account? This CAN be evidenced by a doctor.

Many thanks.
 
Good morning,

The reflux would not be a defence, as for whatever reason the breath test was abandoned and reflux would be the defence to a breath reading case.

The fear of providing would certainly be a defence and potentially a strong one. However I would warn you at this stage that to run this defence you MUST have a medical expert assess you and conclude that you could not provide. Usually solicitors would organise this for you but as you would guess it is not a cheap service and the cost can be prohibitive. You could attempt to run this defence yourself , but the law is clear that you must have a medical expert on your side or the case will fail.

Kind regards
Martin.
 
Hello,

Thank you so much for getting back to me so quickly.

It’s very hard having Autism…and ADHD, as a lot of people don’t understand it. We are constantly having to “defend” ourselves/our actions and the reasons as to why we are “different” - it’s extremely frustrating that so many of us suffer with hidden disabilities which make our lives a lot harder.
I am still trying to find a solicitor, but at least I know there might be a reasonable defence now, thank you.
 
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