RT8810 offence code failed to provide specimen contrary to section 7(6) RTA 1988

[Bark1066]

Hi I’m looking for advice for best outcome .
I was charged at home on drive with suspected of DUI having been out stupidly to shop after having a drink.

I was arrested on the spot with suspicion of DUI they did not attempt to breatherlyse me here, they took me to the police station where I became very anxious & was not thinking straight they asked for breath test but I was struggling badly with anxiety and refused to give specimen. I wasn’t in a fit state to do so, I have a history of anxiety with medical records to prove. I’ve been off work since this incident with anxiety since December 23. I have doctors notes for and I’m on medication for. The whole episode was triggered by me finding my partner who i have 3 children with was seeing someone else and wanted me out of our house.

We have now split up and I am trying to support them financially, my job requires me to drive to properties to carry out repairs upto 60 mile from home, I work alone on sights and will not keep my job without a license.

I have no previous motoring or other convictions, I did plead not guilty at the police station but I am guilty of and remorseful and just looking to put this behind me & get my life back on track.

Im looking at pleading guilty but losing my license will mean I cannot support my children financially and will be difficult to find similar work without my licence.my employer is not aware of this yet.

Can you advise on what I should do.

Can you tell me what is most likely outcome of my case.

 

[Martin Hammond]

Good afternoon,

Do they have any proof you drove the vehicle?

Kind regards
Martin Hammond

 

[Bark1066]

I’m unsure if they have any evidence, they said they saw me pull onto my drive,they did pass me going the opposite way on the street in my vehicle, I made no comment to any of their questions at any point.
Other than above I’m not aware of any.

 

[Martin Hammond]

The reason I ask is that if at Court there is no evidence of driving you could get a much lower sentence. If there is evidence at Court of the driving then you simply need the best mitigation that you can get but you be looking at being disqualified I am afraid.

Kind regards
Martin

 

[Bark1066]

Thanks you for your replies Martin.

At what point will I know what evidence they have against me. Is there anyway I can find this out before going to court?

 

[Martin Hammond]

If you hire a solicitor it would be sent to them, if you are doing it yourself you can email them and ask for it, but usually they would just make you wait until the day I believe.