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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was recently convicted of failing to provide a sample of

Customer Question

I was recently convicted of failing to provide a sample of breath. The reason for this is I was not offered the opportunity to do so. When I went to court they said that they have a copy of the cctv as I requested. But there was no audio, is this normal as the camera covered the booking in area as well as the intoximeter area. Please can you help . I'm convinced that the audio was removed to protect the officers accountability. Thanks marc
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Do you intend to appeal please? Are you saying audio does exist?
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

How can there be cctv of the intoximeter room but no audio. Surely that means that any officer can say that you refused to give a sample of breath in court and you cannot contest it. As this is what happened to me.

Expert:  Ash replied 2 years ago.
So you were arrested but never asked to provide a sample? Was just one officer a witness ?
Customer: replied 2 years ago.

I was taken to the intoximeter area- room. I was talking to the officer about the circumstances of my arrest ,as we did not agree on the matter the officer said put him back in the cell. I did not at any time refuse to do a test. The officer in court said I was agitated and very aggressive ,also said that I refused to do the test until I had a solicitor present . I was fully aware that if I refused I would be breaking the law. But that was not the case. How can I be found guilty on cctv footage but no audio. The officer lied and I can prove that. I find it difficult to belive there is not audio in the intoximeter area. Iv got good video and sound of a £10 camera from China. How can this happen? I could not defend myself? .

Expert:  Ash replied 2 years ago.
Was it just one officer that gave evidence?
How can you show their was audio? Did you raise this at the hearing?
Customer: replied 2 years ago.

Yes just one officer . I raised it to my solicitor and asked how can they provide cctv with no audio? His reply was I don't know. So when questioned I did not raise the matter . I know other stations have audio in the intoximeter area - room. Also they can remove audio to protect other people. I was relying on there being audio to prove my inoncence. I just can understand how an officer can make any person guilty by lying and this is being recorded on cctv. Should there be audio? If not then there's something wrong with the procedure . The officer is then the judge.

Expert:  Ash replied 2 years ago.
Did your solicitor write to the police and clarify the position on audio?
Customer: replied 2 years ago.

I don't know I just asked for the cctv thinking there would be audio . If he didn't ask for audio he can't be very good as I stated the audio was very important . How can I know if there is audio if I phone the police they just going to fob me off. I'm so stressed that I can't think straight.

Expert:  Ash replied 2 years ago.
So if you appeal and the audio is not available, what do you intend to do?
Customer: replied 2 years ago.

What can I do ? Surely if they have audio in one station they should in another. How do I find out if there is audio? Under what rule am I allowed to access this information . They ether do have audio or not. Whey is this not standard practice across all of the UK. ?

Expert:  Ash replied 2 years ago.
You can complain to the Chief Constable or Professional Standards Department. They can look into it for you. But bear in mind you only generally have a limited time to appeal your conviction in the Magistrates Court. You can appeal out of time, but that can be harder.
So write an official complaint and see what the result is. If you are not satisfied with that response you can then consider going to the IPCC
But at this stage there is nothing stopping you appealing the conviction to the crown court.
Can I clarify anything for you about this today please?
Alex