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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I have been charged with failing to provide a breath test and

Resolved Question:

I have been charged with failing to provide a breath test and assaulting a police officer (allegedly held him & shook him). This will be my second DD offence within 10 years and third DD offence within 16 years. I have never been charged for assault. If the magistrates court find me guilty of both charges, what is the probability of a custodial sentence? If custodial, what is the probability of it being suspended? From Shocked.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Are you going to be admitting these offences please?
I am just travelling so may not respond straight away.
Alex
Customer: replied 1 year ago.
I am going to admit the failing to supply a breath test but not the assault on the police officer.
Expert:  Ash replied 1 year ago.
Why did you refuse?
Alex
Customer: replied 1 year ago.
My thinking was that they would have no proof of the amount of alcohol in my system and thus be charged with failing to supply rather than DD.
Expert:  Ash replied 1 year ago.
This is a deliberate refusal and as such the starting point is a low community order and range is fine to high level community order. So you are at not risk of custody, but you will be banned for 3 years.
So you won't go to prison.
Can I clarify anything for you?
Alex.
Customer: replied 1 year ago.
What about the alleged assault on the police officer? As I will be pleading not guilty, will that go to a separate court for trial? If the Magistrates then choose to find me guilty, what possible sentence/penalty will I get?
Expert:  Ash replied 1 year ago.
That is also likely to be a community order
Does that clarify?
Alex
Customer: replied 1 year ago.
What if I'm scared and skip bail and flee to Europe? Will they find me guilty on both counts in my absence and also come looking for me in Europe?
Expert:  Ash replied 1 year ago.
Yes they could do don't. You don't seem at risk from custody and even if you did it could be suspended. Running away makes it worse and you also face a bail act offence.
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Yes, many thanks for your help.

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