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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been charged for refusing to provide sample for alcohol

Resolved Question:

I have been charged for refusing to provide sample for alcohol test. I was sitting [in the drivers seat] in a parked car beside the road, I first provided a positive test, but when we got to the station, they said I didnt blow properly. What doi I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

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.

Alex Watts :

Were you not told you were not blowing properly?

Customer:

I tried twice, and then they said I was not doing it properly.

Alex Watts :

Why not?

Alex Watts :

Do you have a medical condition?

Customer:

I don't know. I tried my best. Coinsidering that I was very co-operative at the road side

Customer:

I do not have any medical condition

Alex Watts :

And I assume they warned you that if you failed to blow properly you would be committing an offence/charged?

Customer:

Yes.

Alex Watts :

Ok - well as you can imagine blowing is not really that hard.

Alex Watts :

If you see the Police TV programmes etc

Alex Watts :

If you are charged they also have CCTV

Alex Watts :

If you plead not guilty the officer will come to Court, give evidence and show the Court the CCTV

Alex Watts :

If you do not have any type of medical condition or incapacity you are likely to be convicted.

Alex Watts :

You do face a driving ban

Customer:

Do I have a mitigating circumstance? As I was not the driver, and the car was poarked

Alex Watts :

You are required by law, where required to provide a sample of breath.

Alex Watts :

You are not charged with drink driving or drunk whilst in charge etc

Alex Watts :

You are charged with failure to provide.

Alex Watts :

That is entirely different

Customer:

So what do I need to do now?

Alex Watts :

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

Alex Watts :

Sadly I would suggest getting a Solicitor to mitigate for you, on the day of the hearing

Alex Watts :

You will face a 12 month ban if you plead guilty or are convicted

Customer:

What of if I plead not guilty?

Alex Watts :

The matter will go to trial. The Prosecution have to prove that you did without a reasonable excuse failed to provide a sample.

Alex Watts :

There are generally two types of good reason:

Alex Watts :

  • medical evidence of physical or mental inability to provide the specimen;

Alex Watts :

  • the causative link between the physical or mental condition and the failure to provide the specimen.

Alex Watts :

If you are convicted you will get a longer ban, bigger fine and higher Court costs

Alex Watts :

Can I clarify anything for you about this?

Customer:

I think I'm clear. Thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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