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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I was stopped by the police and given a roadside breath test

Resolved Question:

I was stopped by the police and given a roadside breath test the morning after drinking ,it proved positive I was cautioned and taken to the police station for further tests.At the station I was asked to give a further breath sample which I attempted to do but the officer said I wasn't doing it correctly so I attempted again the officer was becoming very irate and said if you don't do it properly he was going to charge me with failure to provide ,I was very agitated and upset at the situation and was trying my best to co operate .I said please can I have a urine or blood sample I really want to give you what you need but for what ever reason it wasn't happening with the breath monitor .He refused and said put him in the cell ,he didn't read me my writes regarding failure to provide at this time.Some 4 hours later I was took to the charge desk given my belongings asked if I wanted any advice by someone on alcohol problems and then given a charge sheet to sign with the charge of Drink Driving.I haven't been charged with failure to provide a specimen although no further specimens where taken ,can I be charged with drink driving on the roadside breath test alone?and could they now come back at me later with the charge of failure to provide? Please advise
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Your charge sheet actually says drink driving?
This is a charge sheet not a rebail?
Customer: replied 2 years ago.
Yes it says drink driving ,as far as I understand it's a charge sheet
Expert:  Jo C. replied 2 years ago.
Does it give you a date to attend at court and a court to attend?
Customer: replied 2 years ago.
Yes 1 October at preston magistrates court
Expert:  Jo C. replied 2 years ago.
Thanks.
That is a charge sheet.
They could rely on the road side breath test. The law doesn't require a further test at the station. Its just much harder to prove the offence on that basis.
They won't do that though. This is obviously an erroneous charge. They will just amend the charge to failing to provide. Its amazing they didn't notice this but I suppose that police officers are human and can make mistakes.
When you attend court CPS will almost certainly amend the charge to a more appropriate one. If they don't I suppose you could plead not guilty and ask them to prove the offence but the risk is that they will see it at some point. They don't even need the permission of the court to do that until half time.
Sorry if thats bad news but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
If they don't pick up on the fact I haven't given the second breath test at trial time and I plead not guilty are you saying they can change the charge then because they have made a mistake even though they didnt caution me for failing to provide
Expert:  Jo C. replied 2 years ago.
Yes.
They don't need the permission of the court until they get beyond half time at the trial.
The Crown are always amending the charge sheet to put right mistakes.
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
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