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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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Good morning. My name is***** have been charged with

Resolved Question:

Good morning.
My name is***** have been charged with 'Failure to provide specimen for analysis - when suspected of having driven a vehicle' To cut a long story short, the police found my step fathers car abandoned on a roundabout with very light damage to the front bumper and a flat tire. The police cam round to my address a lodger answered the door, they asked for my step father but I was the only other person in the house as he is away in Spain, I am also a named driver on the car, so they came into the house woke me from my sleep on the sofa and originally arrested me of suspicion of drink driving. I was taken to Stains Police station, where I refused to give a sample as I was very drunk and annoyed about being dragged to the station as I had no recollection of drive but I do remember paying someone to get me home, in what car I don't remember. Anyway I believe the have dropped the original charge and am now charging me with 'failure to provide specimen for analysis' So what do I do?, this is my first offence, I'm sure the officers told me it was an offence not to provide a sample but I was so out of it I really didn't know the consequences. What is the likely sentence, I think I should plead guilty to not providing a sample as I'm sure they did their job properly and only my stupidity stopped them from getting the sample. At no point in the whole process was I violent or abusive. What should I do?
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.
If you are saying that you did refuse to provide and there is no medical reason for your refusal then you should be pleading guilty I'm afraid.
It is unfortunate because had you provided there would have been no case because they can't prove you were the driver. But you did not and there is. You can't go back in life and undo things. We all make mistakes and you just have to learn from them.
You will only get a fine for a first offence especially since there is no evidence you were the driver really. Unfortunately though they will ban you for 12 months I'm afraid.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

is there anything I can do to reduce the ban and fine?

Expert:  Jo C. replied 2 years ago.
You could ask for the drink driving awareness course which is now available for failing to provide.
That would reduce your ban by one quarter.
The fine would be proportionate to your income. Essentially it was just a bad decision. It doesn't really evidence any underlying issues or defiance of police or disrespect of authority. When in drink you made a bad decision and you certainly aren't the first to do that.
I am just offline for about an hour and a half but I'll be back later if you want to know anything else.