I want to get advice on how i should prepare my defence. I intend to plead "not guilty" because there are two avenues to explore.
I could either review the matter in detail and understand if there has been an abuse of process or indicate that due to the injury sustained during arrest, i was unable to perform the test in an able position as i did at the roadside.
I am happy to wait.
How do you manage to juggle your role and being on this site?
It must be an intensive schedule.
I did not provide 2 specimens of breath. I however did provide one.
Because two specimens are required, the one I provided was not taken as evidence and i was therefore charged with failure to supply the specimen required.
The one specimen i provided had a reading of 38
I believe I was under distress at the time and I wasn't given sufficient time to provide the second sample.
My arguement is that due to the injury sustained on my left hand during my arrest, the cut on my chest and cut on my leg plus the urgency to urinate, I was unable to sufficiently compose myself to give the specimen.
I did specify that my left hand at the time was in pain from the cuffs which had been loosened shortly before i had to give the sample and my plea to see a medical professional was ignored completely leading to me failing to hold the mouth piece steadily.
At no point did i refuse to give a sample, merely the fact that i had to try to hold the mouth piece with a bruised arm and the other injuries sustained.
The charges state that i refused to provide, however I made 3-4 attempts to provide 2 samples and during that time, I only provided 1 due to the distress i suffered at the time.
The charge states that i refused to provide, my defence is that i did not refuse. I gave a sample at the road side, and gave a sample at the station. The station sample was inadequate, however my corporate was not in question.
Do I have a case to consider adding the fact that i was not asked to provide a urine or blood sample?
My last point is that I was in the passenger seat at the time and neither in charge of the vehicle or driving.
How can this be a guilty plea if my arrest and charge do not place me under any wrong doing according to the following charges in the road traffic act:
Failing to provide a specimen for analysis while in charge of a vehicleORFailing to provide a specimen for analysis while driving or attempting to drive a vehicle
I did neither of these things. My girlfriend was sat in the driver seat at the time.
Pleading guilty doesnt make sense for me.