Nervous, scared, ashamed

[hedgehogx]

Good evening all,

I’ve been taking great comfort in this forum over the past few days since I was charged with failure to provide on Sunday night. So thank you all for sharing your stories.
I’m very worried about my court date. I’ve never been in any kind of trouble and don’t know what to expect at all. I have barely eaten or slept in days worrying.
Please could someone tell me more about what to expect? And about seeking legal advice or public defenders?
Thanks in advance

 

[Luna2000]

Good evening all,

I’ve been taking great comfort in this forum over the past few days since I was charged with failure to provide on Sunday night. So thank you all for sharing your stories.
I’m very worried about my court date. I’ve never been in any kind of trouble and don’t know what to expect at all. I have barely eaten or slept in days worrying.
Please could someone tell me more about what to expect? And about seeking legal advice or public defenders?
Thanks in advance

Did you blow into the breathalyser at the roadside? If so, what was your reading? If you failed to provide did you have a medical reason for that? Sorry, but asthma, chest infection, or things of that ilk don't count. If you were medically unable to blow into the machine, you should have been offered a blood test.

Re court, unless you DO have a medical reason, plead guilty, get a local solicitor for around £400, accept the punishment and get on with your life. Your ban will soon be over. You will go from anger, fear, frustration, acceptance, to looking forward to your ban ending. It will be over quicker than you think.

 

[hedgehogx]

I blew at the roadside and at the station but not strong enough to get a proper reading. I have no medical conditions but I am a smoker and I was extremely anxious. I’ve never been in trouble before and was very upset at the time.
Once I was at the station I was extremely embarrassed and upset but also triggered as the first and last time I was at that police station was to file a report against my abusive partner at the time. I went from anxious and scared to near hysterical. My mental health was questioned and I have suffered from poor mental health in the past but nothing recently. Again the gravity of all these contributing factors sent me spiralling. I wasn’t offered a blood test or a urine sample. I was kept in a cell overnight and asked to complete another breathalyser in the morning. I struggled to blow in the morning even though when I finally completed I blew clear. I was compliant and understood the problem but as the weight of the situation was emphasised to me I was very short of breath.

Thank you for your advice. I’m full of a lot of emotions at present and your time is appreciated.

 

[Luna2000]

I blew at the roadside and at the station but not strong enough to get a proper reading. I have no medical conditions but I am a smoker and I was extremely anxious. I’ve never been in trouble before and was very upset at the time.
Once I was at the station I was extremely embarrassed and upset but also triggered as the first and last time I was at that police station was to file a report against my abusive partner at the time. I went from anxious and scared to near hysterical. My mental health was questioned and I have suffered from poor mental health in the past but nothing recently. Again the gravity of all these contributing factors sent me spiralling. I wasn’t offered a blood test or a urine sample. I was kept in a cell overnight and asked to complete another breathalyser in the morning. I struggled to blow in the morning even though when I finally completed I blew clear. I was compliant and understood the problem but as the weight of the situation was emphasised to me I was very short of breath.

Thank you for your advice. I’m full of a lot of emotions at present and your time is appreciated.

My pleasure.

To be honest, I would plead guilty and accept the punishment. I think you would have a hard time proving otherwise why you couldn't blow.

 

[hedgehogx]

I totally agree. I’m not trying to get out of the charge or generate an excuse. I’m explaining that I tried but failed to provide.

 

[SoStupid]

I totally agree. I’m not trying to get out of the charge or generate an excuse. I’m explaining that I tried but failed to provide.

Hi hedgehogx,

I was at court today for sentencing for failure to provide.

I was arrested late October. I hit 3 parked cars and had a child in car with me.
Appeared at court in late Dec and pleaded guilty.
Sentencing was then deferred for background reports.
Met with social worker for the background report in early Jan and then was at court today. This was my first arrest, I have no endorsements on my licence, of previous good character, and extremely remorseful.

I was sentenced to a 16 month ban and a £420 fine. I thought that was incredibly lenient considering the background to the offence.
I had a solicitor and the total solicitor fees were £1500. I understand that there are cheaper solicitors, but I left it pretty late in the day to instruct one so I didn’t bother shopping around for one.

The solicitor spoke on my behalf so I didn’t have to speak other than to confirm my name. I’d gone over the circumstances of what happened with the solicitor and she put it to the court.

It’s a very scary time, but it doesn’t have to define us.

 

[price1367]

Not a bad result in the circumstances, but very steep cost for the solicitor for just mitigation.
Did they offer you the Drink Drive Rehabilitation course to reduce your ban?

 

[hedgehogx]

Firstly thank you for sharing your story with me.
That’s very reassuring to hear.
What were the background reports for? I haven’t given anyone very much information as of yet. I wasn’t interviewed at the time.
I bet your nerves were very high in those few months, especially your after your first day in court.
I’ve been quoted £950 for the one solicitor I have spoken to so far.

This so true, we can and will be better than this.