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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 with failing to provide a sample while

Resolved Question:

I have been charged with failing to provide a sample while at the police station. I am going to court to plead not guilty. At roadside I tried and failed to register a result due to my asthma. At station they charged me with failing to provide a sample at roadside. I said I wanted legal advice. At this point they then said this would also be a failure to provide sample at station. I told them I was not refusing and would comply in any way possible. This is mentioned in my statement on charge sheet as at this point they also charged me with failing to give a sample at station. I understand I cannot wait solicitor to arrive before taking these tests but all I said was I wanted legal representation in regard to roadside charge. The police statements say I was argumentative, smelled of alchohol and in easy on my feet. If I am found guilty at trial what are the chances of receiving a custodial sentence? I have no previous convictions and a clean liscence.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

Did they not ask sample at the station please>

Customer: No. I was never presented with an opportunity. The police statement however says that I refused but goes into no detail.
Customer: ?
Alex Watts :

Sorry I was in Court.

Alex Watts :

Ok, so the Police lied.Have you a Solicitor? If so, have they asked CCTV?

Customer:

No they haven't asked . Is this the cctv in the station?

Customer:

How would cctv show if I had refused to give a sample? Does it have audio?

Alex Watts :

Ok, I would plead guilty, get a Solicitor to ask CCTV

Alex Watts :

It generally has audio

Alex Watts :

So if it says you refused then they would need to show that.

Alex Watts :

The fact that you were not even asked adds to your defence.

Alex Watts :

They are required to offer you to provide a sample at the station

Alex Watts :

Only then if you refuse at the roadside then you are taken to the station and required to offer a sample there

Alex Watts :

Therefore your Solicitor should ask CCTV

Alex Watts :

Can I clarify anything about this today please?

Customer:

Sorry you say above you would plead guilty. Please confirm whether you would plead guilty or not guilty. Also can you tell me what the chances are of getting a custodial sentence if found guilty? I actually go to court tomorrow and as far as I know my solicitor hasn't asked footage. Would I know if the procurator fiscal had asked or viewed any cctv in their enquiries.? At the moment I am of the understanding both parties are going to court with no cctv. If i get found guilty can i go to jail?

Customer:

Also I was stopped in my parents car. This was seized by the court at the initial hearing. Will I get this returned after trial tomorrow or can they keep it permanently if I am found guilty?

Alex Watts : Sorry I mean not guilty.
Alex Watts : They should not keep your car, they don't need it.
Customer:

What are my chances of judge giving me a custodial sentence if I get found guilty?

Alex Watts : None
Customer:

I thought that it was possible to get up to a maximum of 6 months. Is this reserved repeat offenders then?

Alex Watts : Yes but no chance
Customer:

Ok thanks. Lastly can you say what likely outcome of this would be in absence of any cctv? Will it come down to my word against the police officers?

Alex Watts : in reality Your word against officers then they will be believed probably
Customer:

Ok thanks. But still plead not guilty and let judge decide?

Alex Watts : Yes I would, you can always change your plea
Alex Watts : Can I clarify anything about this today?
Customer:

Thankyou. You have been very helpful. Goodbye

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