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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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RT88010 - Failed without reasonable excuse to do so

Resolved Question:

Hi,

Writing on behalf of friend who is Thai, doesn't speak, read or write english well.



  • She was stopped last night and given a breathe test, then taken to the station without any explanation of what was happening.



  • She did a breath test which she did 3 times with which the Policeman said the machine had failed, she thought that the machine was broken (First language is Thai - says to me 'Machine it fail').

  • She asked the policeman that she wanted to try again but was not allowed to do so.



  • She was put in the cells for the night without explanation and told to sign charge sheet in the morning.



  • She asked to read the sheets before signing to try and understand what was happening but was told by Policeman to just sign it and read later.



  • Offence code RT88010.



  • No interpreter was offered or given.

  • Charge Sheet Reply: I did blow.


Thanks, Lee Laughing

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.
How can I help with this please?
Customer: replied 2 years ago.

Please see above.

Expert:  Jo C. replied 2 years ago.
Yes, so how can I help with this please?
Customer: replied 2 years ago.

She has to go to court, how should she plea and what is the likely outcome?

Expert:  Jo C. replied 2 years ago.
Well, it depends on factors that I won't know remotely.
In truth, she will probably be convicted.
She seems to be arguing that the machine failed which is a defence but it is so incredibly unlikely to have happened or be accepted that it would be irresponsible of me to tell you there is a good chance.
Similarly the linguistic issue is a defence but the police will say that she did not complain of difficulty understanding. There is a specific question in the booking in procedure covering language barriers and most custody suites are on cctv now. There is also a translation telephone service for situations like this.
It is always open to her to contest this znd she might be lucky. It does happen sometimes that the crown mess up. She can't rely on it.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Ok, so what sentence is she likely to get?

Expert:  Jo C. replied 2 years ago.
It depends on the facts of the offence.
Almost certainly not custody but probably a ban. To be any more specific you will neec to tell me more about the offence.
Jo C., Barrister
Category: Law
Satisfied Customers: 69780
Experience: Over 5 years in practice
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