Refused a sample when stopped

Convicted Driver Insurance

Plopplop2

Member
I’m really sorry for the long post but was wondering if someone could advise. My husband has been out out of work due to. covid for about 18 months. He started somewhere in august and loved it. However he was told on Christmas Eve the temporary contract was ending. He was so upset feeling he has let me and the 2 children down. He stupidly went and had a couple of drinks with the team before driving home. Something he’s not done before. He’s got no previous points not even a speeding fine. However as he was about to leave the work car par 3 police cars appeared and asked him for a breathalyser test. I should mention my husband is foreign and suffers from bi polar, ocd, anxiety and depression. He said he was really confused and just refused it as didn’t know what he should go and his anxiety was kicking in. He was taken to a police station and carried out a breathalyser test he read 50 on his first reading then 40 on his second. He had to be under 35. I’m concerned as I spoke to the duty officer explained he had mental health and was worried about him as I did speak to my husband and it was clear he was having an episode, he even smashed his head on the wall. I explained it’s his anxiety and bi polar. They said they will get the duty mental health nurse to see him. I rang back about 2 hours later the same thing so I said has he seen the mental health nurse and they said no. I explained again my concerns they said it’s not like therapy it’s to check his welfare and he seems fine. Eventually he was released and has been charged with being in charge of a vehicle and having failed to provide a required specimen without reasonable excuse. He’s due at the magistrates court in February. He’s planning on pleading guilty does anyone know what kind of punishment/sentence he will receive? Also will the magistrates be given his readings that he did in the police station? We don’t have them on his charge sheet but my husband was told at the time and I was told when I was calling up to check on him. Thank you
 
If he is charged with fail to provide there would not be a reading even though he may have provided some which did not meet the criteria.

The sentence can be very varied and largely depends on whether he is viewed as deliberately refusing or refused because of his illness. You need to hire a solicitor or use the duty solicitor at Court who will hopefully convince them that it is the latter.

Kind regards
Martin
 
Martin Hammond said:
If he is charged with fail to provide there would not be a reading even though he may have provided some which did not meet the criteria.

The sentence can be very varied and largely depends on whether he is viewed as deliberately refusing or refused because of his illness. You need to hire a solicitor or use the duty solicitor at Court who will hopefully convince them that it is the latter.

Kind regards
Martin
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Thank you, we can’t really afford a solicitor. He is planning on pleading guilty and writing a letter to explain why he refused and how sorry he is. He will read this in court. He did not behave very well in custody, as by that point his episode would have escalated so this is also a concern. He was in a parked car, no passengers, snd no previous no points or speeding offences in the 5 years he’s had his license. We are just wondering about possible sentences, will it be an automatic ban, could he get 10 points also I’ve read the possibility of prison but hoping to avoid this due to being charged with in charge of the car rather then driving, no passengers, no accident etc and no previous. Thank you
 
So just an update on this. My partner was in court today for the charge mentioned above. Being in charge of a vehicle and refusing a specimen. So it didn’t go as straight forward as it could have gone. He has been disqualified as from today but no sentence as yet. This is due to his behaviour in custody which was bad. The prosecutor wanted to go with the top penalty of prison. The duty solicitor managed to get that out on hold. My husband now has a meeting with a court advisor which will last about 2 hours. He needs to discuss his reasons for his behaviour whilst in custody this includes mental health and child hood trauma triggers, being locked up etc, he was abused physically as a child. It will then go back to court a week after this meeting for the sentencing. This meeting will help determine the level of charge. The solicitor said it could still be prison but he’s hoping it will come down to community service.
 
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