Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Were you not told you were not blowing properly?
I tried twice, and then they said I was not doing it properly.
Do you have a medical condition?
I don't know. I tried my best. Coinsidering that I was very co-operative at the road side
I do not have any medical condition
And I assume they warned you that if you failed to blow properly you would be committing an offence/charged?
Ok - well as you can imagine blowing is not really that hard.
If you see the Police TV programmes etc
If you are charged they also have CCTV
If you plead not guilty the officer will come to Court, give evidence and show the Court the CCTV
If you do not have any type of medical condition or incapacity you are likely to be convicted.
You do face a driving ban
Do I have a mitigating circumstance? As I was not the driver, and the car was poarked
You are required by law, where required to provide a sample of breath.
You are not charged with drink driving or drunk whilst in charge etc
You are charged with failure to provide.
That is entirely different
So what do I need to do now?
I am sorry it is not better news and certainly not the one I want to give you, but I have a duty to be honest
Sadly I would suggest getting a Solicitor to mitigate for you, on the day of the hearing
You will face a 12 month ban if you plead guilty or are convicted
What of if I plead not guilty?
The matter will go to trial. The Prosecution have to prove that you did without a reasonable excuse failed to provide a sample.
There are generally two types of good reason:
If you are convicted you will get a longer ban, bigger fine and higher Court costs
Can I clarify anything for you about this?
I think I'm clear. Thanks