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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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I was recently charged with failing to produce a specimen if

Customer Question

I was recently charged with failing to produce a specimen if breath, even though I tryed three times. I was not made to give a blood or urin sample. I do I stand. Many thanks Danny.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Do you deny the charges?
Customer: replied 3 years ago.
My case is not till next Wednesday, I don't know what to do
Customer: replied 3 years ago.
I don't know what to do, my court appearance is next week !
Expert:  Jo C. replied 3 years ago.
Ok.

Why were you not able to provide please?
Customer: replied 3 years ago.
The officer said I was not doing it properly.
Expert:  Jo C. replied 3 years ago.
Ok. But what's your account for it?
Customer: replied 3 years ago.
The officer told me I was not blowing hard enough. Even though she shouted to a person to say its not working when she turned it on. After the second attempt I was told if I fail this time ill be charged with failing to provide. Which made me even more nervous. I took a road side test no problem, and another test before I was released(roadside machine) which I passed
Expert:  Jo C. replied 3 years ago.
Thanks.

Are you asking if this is a defence?
Customer: replied 3 years ago.
Yes, or should I plead guilty. And what will my punishment be ??
Expert:  Jo C. replied 3 years ago.
Ok. No problem.

Was the procedure explained to you clearly at the station?
Customer: replied 3 years ago.
Yes, it was
Customer: replied 3 years ago.
Jomo1972...yes it was. So what now ?
Expert:  Jo C. replied 3 years ago.
Please bear with me, I am having some connection problems.
Expert:  Jo C. replied 3 years ago.
Sorry for the delay. I went through a black hole!

You don't have a positive defence I'm afraid. Come what may, this is failing to provide.

Failing to provide is a very technical offence so you can always put them to prove upon the procedure followed. However, I cannot immediately see any grounds.

Normally a good reason to fail is something like a genuine medical condition.

To tell you what you face I will need to know more about the circumstances of your arrest. What actually happened please?

Jo
Customer: replied 3 years ago.
Jomo1972 , I was arrested because I had an accident in my car, I was breathalised and read 55, should have been 35. I hit a nasty speed bump on a hotel grounds that's open to the public, then taken to the police station.....
Expert:  Jo C. replied 3 years ago.
Was there any damage to their property?
Customer: replied 3 years ago.
Jomo1972 yes but I have spoke to them and they have let it go.
Expert:  Jo C. replied 3 years ago.
Sorry for the delay. If they accept that you made genuine efforts to provide then then may just give you 10 points and a fine.

However since there was an accident they will probably be saying it falls into the higher sentencing bracket of a ban and a fine to a community order. Realistically probably just a heavy fine
Expert:  Jo C. replied 3 years ago.
And a ban of course.

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