I was pulled over after riding my motorcycle on friday night. I had been drinking during lunchtime at work and also had just visited a friend where i had another drink.
I was given a roadside breath test which i failed and was therefore arrested and taken to the station. At all times i was completely respectful and cooperative with the 2 officers. upon arrival at the station i was read my rights and various other statments as to reasons for my arrest and subsequent procedure. I knew i was going to be breath tested and i again understood and fully cooperated and told them that i agreed to the testing. I also told the officers that i required the toilet as i needed to urinate. the completed their tasks at the desk then led me towards the breath test machine. I reminded them I required the toilet and the agreed and let me go.
I returned to the machine and provided 2 breath samples as requested with full cooperation. I was then told that there was an issue due to the difference in readings, 1st 76, 2nd 89.
The officers then said i was required to do further testing to which i agreed to. He then said that they preferred to do a blood test which would involve a doctor being called and blood being taken. By this time it was about 1am. I was feeling pretty terrible and didnt want any further delay as well as really not liking blood/needles etc anyways. The officer then said about the urine test whioch i said yes of course. I kept saying that i wanted to cooperate and had already done so and was accepting of the urine test. He then explained the proceedure and said i had an hour to produce 2 samples. Basically I couldnt produce any urine, I had been to the toile in the station so just could go. after half an hour i actually requested a glass of water which i drank to assist and cooperate as much as i could but after the hour the said 'time up' and put me in a cell for the night. I was released on bail the next morning approx 10am without charge but had to go back on sunday where they formally charged me with failure to provide.
Hello Alex, thank you..
well i am thinking that by the book i am guilty and should therefore plead that way, however i feel its harsh on the particular definition because i did all in my power to cooperate and provide
i did not fail to provide a sample, it was the readings on the breath machine that had the difference, i did actually provide a specimen. i didnt understand or think that i would then have to attempt further testing as i was fully prepared to give the breath. I also think it was in hindsight wrong of the police to let me urinate if there was the possibility of having to urinate for testing.
i understand these may all be technicalities so am prepared to be told that i should just plead guilty but it just seems that it is harsh as i did try. I have no previous convictions at all or points on my licence
What was the reason you couldnt provide blood instead?
i did not want to wait for a nurse and that that i do not like needles, I confirmed that i do infact have a couple of small tattoos but that it was in getting one of those that made me feel the way i did about having bloods taken. I did not think this was a probl;em in itself as i had given the breath and agreed that i would supply urine.
I have no medical grounds to refuse, no actual phobia. however, I felt they were giving me the option which they did as they did then proceed with the urine option
So in short you needed the loo, went, then couldnt provide a sample as a result?
yes i went before they did any testing at all
Ok, technically I think you are guilty of the offence.
This is because you failed to provide a sample and you have no valid medical reason
Indeed, you didnt refuse to give breath as there were 2 readings
But the readings clearly have an issue.
So whilst I think you are guilty of the offence, technically.
You could potentially argue that you co-operated fully and that it was not your fault that you could not pee
The Police let you go to the loo.
Indeed if they had warned you that dont pee all the way as you may need to provide a sample that would have been different
But I think your Solicitor should argue that you tried, but failed for obvious reasons
Can I clarify anything for you about this today please?
that is understood, however i am concerned that by pleading not guilty i will undermine all of those mitigating factors i mentioned as basically they will rule on the technical side wont they?
No I think you are guilty but asking for the special reasons to be considered
You did fail to provide a sample, you cant get away from that
But there are special reasons why you could not
so for clarity - pleading guilty would be the most sensible and have all the other reasons considered to get the 'best result' sentencing wise..?
i feel a bit duped by the police though they could see i wanted to help and almost assisted in me failing (albeit that they were 'helping' me out by letting me relieve myself.!)
It is a bit mean.
Can I clarify anything else for you?
no thank you, ***** ***** your assistance.
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Best of luck with this