Record of incomplete sample (breath) - Higher incomplete reading than roadside

Convicted Driver Insurance

Moi

New Member
Hi, Please can I get some non judgemental advice?

Let me start by saying that I am a recovering alcoholic who unfortunately had a lapse the other day and all I can remember is leaving the house and then waking up in a cell.

I have pieced together the information I have and apparently I was parked in a pub car park, tried to reverse out of a space but must have drove forward into the pub fence. Not sure if I was knocked out or anything (air bag didn't inflate), but pub supervisor had answered a call on my phone from my partner saying something about me being unconscious (but it could also be that I was very drunk).

Ambulance came and checked me over and police breathalysed me and reading was apparently 90+. I was taken to the station and it seems I attempted the breathalyser there as I have a printout but am being charged with 'fail to provide specimen for analysis - vehicle driver', due to incomplete samples.

As I said previously, I do not remember any of this. I have no clue if I purposely didn't blow properly or if due to my state I was unable to. I have no idea if all correct police procedures were followed, no recollection of anything at all unfortunate. I have never been in trouble with the law and am unaware of the procedures etc. I am usually a calm, cooperative person however alcohol can change me so I have no clue what my behaviour was like.

The partial readings on the print out are between 113 and 138, so all are higher than the roadside breathalyser, but obviously not full samples.

Firstly, can I be done for failure to provide specimen though there is some evidence that I attempted to?

Secondly, why was the partial reading higher than roadside? Shouldn't it have been lower due to time past? When my clothes were given to me the following day there was vomit all over my jumper. I have no clue exactly when I vomited but again this should have caused there to be less alcohol in my system or did this possibly make the reading higher due to mouth alcohol?

I know I have done wrong either way and I am just glad that I did not end up hurting anybody, but what will my penalty/ban/sentence most likely be as I feel that though the roadside reading of 90+ is extremely high (138 being obviously worse) I feel that the evidential reading would have been a lot lower than 90+ because I vomited and also because I usually process alcohol very quickly.

I would appreciate any help at all. Thank you.
 
Good Morning,

Firstly, it is correct that you be prosecuted for failure to provide as despite your attempts you did not provide a specimen. Also the roadside breath test is only an indication and is an inferior device. The machine at the police station will be the one which is deemed accurate.

As to sentence it is fair to say you are well into the higher brackets. Your reading that was incomplete is very high, the state you were in will be documented and the fact you had a minor accident will mean that they will be considering custody and community punishment options, as well as a lengthy ban.

My advice would be to get a good road traffic specialist to represent you at Court as they would hopefully be able to fight to keep the punishment as low as possible by offering good mitigation.

Kind regards
Martin.
 
Thank you for your response. I feared the worst, I am so scared as I have 4 children including a 3 month old who I am exclusively breastfeeding I can't go to jail. I know it was my stupid fault . Will the partial sample be used as evidence in court?
 
I am in the process of hiring one and waiting for a call this afternoon. I've just been worrying about this all weekend and needed some form of clarification so decided to post on this forum. I will wait and see what the solicitor suggests. I can cope with anything else thrown at me but not a custodial sentence.

Thanks for helping.
 
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