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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I wondered if i could possibly pick your brains as to

Resolved Question:

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.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you
Alex Watts : Thank you for the background. What is it you want to know about this?
Customer:

Hello Alex, thank you..

Customer:

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

Customer:

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.

Customer:

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

Alex Watts :

What was the reason you couldnt provide blood instead?

Customer:

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.

Customer:

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

Alex Watts :

So in short you needed the loo, went, then couldnt provide a sample as a result?

Customer:

yes i went before they did any testing at all

Alex Watts :

Ok, technically I think you are guilty of the offence.

Alex Watts :

This is because you failed to provide a sample and you have no valid medical reason

Alex Watts :

Indeed, you didnt refuse to give breath as there were 2 readings

Alex Watts :

But the readings clearly have an issue.

Alex Watts :

So whilst I think you are guilty of the offence, technically.

Alex Watts :

You could potentially argue that you co-operated fully and that it was not your fault that you could not pee

Alex Watts :

The Police let you go to the loo.

Alex Watts :

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

Alex Watts :

But I think your Solicitor should argue that you tried, but failed for obvious reasons

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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?

Alex Watts :

No I think you are guilty but asking for the special reasons to be considered

Alex Watts :

You did fail to provide a sample, you cant get away from that

Alex Watts :

But there are special reasons why you could not

Customer:

so for clarity - pleading guilty would be the most sensible and have all the other reasons considered to get the 'best result' sentencing wise..?

Alex Watts :

Indeed.

Customer:

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.!)

Alex Watts :

It is a bit mean.

Alex Watts :

Can I clarify anything else for you?

Customer:

no thank you, ***** ***** your assistance.

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

Best of luck with this

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