Refused to give sample at hospital

Convicted Driver Insurance

B.Doyle

Member
Hi, I crashed my car on the motorway and hit another car. Car written off but thankfully everyone ok. I blew 93 on the roadside, arrested but then taken to the hospital where I turned down the test. I was dazed, confused and in shock - whilst also having treatment from the nurses. In hindsight I wish I’d given the sample, but didn’t. Police stayed with me for quite a while and then left. Not heard anything from the police since, but believe i was charged to court for failing to provide. Do you have any advice or knowledge what to expect? Thanks
 
B.Doyle said:
I have a completely clean license and no criminal convictions at all. Just one huge mistake made.
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Hospital procedures relating to drink driving investigations can be multi layered and very complex. For this reason there are often technical defences that can be explored. I would suggest contacting a specialist on 0333 323 3732
 
SeanJoyceStephensons said:
Hospital procedures relating to drink driving investigations can be multi layered and very complex. For this reason there are often technical defences that can be explored. I would suggest contacting a specialist on 0333 323 3732
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Okay Thankyou. Will they reference or use the roadside test score of 93 in the prosecution/evidence at court?
 
The roadside reading cannot be used as an evidential reading given that the roadside device is not approved for that purpose. The focus for the police, in your case, is the blood specimen obtained at the hospital.
 
They didn’t obtain one as I refused due to the panic and worry at the hospital after my accident. I presume they will suggest I was over the limit in court rather than be able to prove it then? Just wondering what other charges I may face.
 
Given that you haven't provided a specimen, the most likely charge will be one of failing to provide a specimen of blood. That can usually only be defended if there is a reasonable excuse for failing to provide. That reasonable excuse would usually be due to some medical reason. Your capacity at the police station can affect your decision making and ability to comprehend what is happening, That is something that should be considered by the officers when they decide how to deal with you. This could potentially lead to a technical defence but there would need to be further investigation at this stage before considering that definitively.
 
Thanks for your help. I don’t think I’d be able to defend that decision and will plead guilty. I wasn’t taken to the police station at all, just left at the hospital after my failure to provide. It’s been 3 weeks and still not heard anything but I guess that’s normal?
 
Yes that's right; 3 weeks is not a long time in this sort of case. It can often taken several weeks, even months for a decision to be made regarding charge. There is a time limit of 6 months within which a charge must be laid. However, any charge will likely to be laid well before then.
 
SeanJoyceStephensons said:
Yes that's right; 3 weeks is not a long time in this sort of case. It can often taken several weeks, even months for a decision to be made regarding charge. There is a time limit of 6 months within which a charge must be laid. However, any charge will likely to be laid well before then.
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It’s 2 months now since the incident and still not heard anything. Does it take longer when the charge is failing to provide? What happens when it is charged straight to the magistrates? Do the police no longer investigate it?
 
B.Doyle said:
It’s 2 months now since the incident and still not heard anything. Does it take longer when the charge is failing to provide? What happens when it is charged straight to the magistrates? Do the police no longer investigate it?
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It does not necessarily take longer being a fail to provide allegation, no. If you are charged it will be sent to the magistrates' court for consideration at which stage you can plead guilty or not guilty. The case will Ben prosecuted by the crown prosecution service who will rely on the evidence gathered by the police between now and any charge being laid.
 
My summons for court has arrived today. It states that my charges are failure to provide a specimen of blood and driving without due care and attention. Just wondered if the two charges will result in a longer ban or bigger fine? Any advice or experience in this would be appreciated
 
Given that the offences were committed on the same occasion there should be no separate penalty but the allegation of driving without due care and attention could aggravate the penalty for the more serious offence of failing to provide a specimen of breath. The sentencing guidelines consider 'culpability' and 'harm' and I would advise you contact a specialist to discuss you case in more detail to obtain a view on likely penalty given the circumstances of the offence. You can contact a specialist on 0333 009 3824
 
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