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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70510
Experience:  Over 5 years in practice
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I was charged with a failure to provide an evidential breathe

Customer Question

Hi I was charged with a failure to provide an evidential breathe specimen. I was given less than a minute before attempting the second test, I also attempted a third time. I was also in a car accident that night and was emotional, in shock and short of breath, I was also suicidal in my cell and tried to self harm myself. I have been feeling suicidal and had my first court date adjourned and have my second date coming up. I am scared as I feel very fragile and worried if I lose my licence and get a conviction I will lose my job as a driver and also my business as I need to drive to pull my mobile catering trailer
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Are you asking what sentence you will receive?
Customer: replied 1 year ago.
Hi is there any chance I may be able to not have a ban or conviction if there is reasonable excuse?
Expert:  Jo C. replied 1 year ago.
Why didn't you provide?
Customer: replied 1 year ago.
I thought I did provide but I did not blow hard enough as I was in shock and short of breathe and felt rushed by the officer to get it done quickly
Customer: replied 1 year ago.
I am also scared that if I get convicted I will be so depressed I will harm myself
Expert:  Jo C. replied 1 year ago.
Ok. No way around that then.
Why were you stopped?
Customer: replied 1 year ago.
I had a car accident and hit a wall, no property damage and airbags did not go off
Expert:  Jo C. replied 1 year ago.
Ok.
It is difficult to tell what sentence you will face.
What is certain I'm afraid is that you will be banned. If you are convicted of failing to provide when there is evidence you were driving then a ban is mandatory. I'm afraid a court has no discretion.
If there was an accident then that is an aggravating feature as it suggests there was serious impairment with your driving at that time but that only changes the category from a fine to a low level community order. The real difference is in the length of the ban.
The truth with failing to provide is that one can read the sentencing guidelines in any way that one chooses which allows Magistrates to deliver almost any sentence that they thing is appropriate to the case.
I'm afraid this isn't reasonable excuse though and anyway that is not a defence.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
No that is fine thank you
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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Customer: replied 1 year ago.
Thank you
Expert:  Jo C. replied 1 year ago.
All the best.
Customer: replied 1 year ago.
Thank you ;-)
Customer: replied 1 year ago.
My mum also passed away from cancer recently so trying to be strong.
Expert:  Jo C. replied 1 year ago.
This type of thing can hang over you I'm afraid.