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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice.
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I left my car at home while on a course i depend on no convictions

Resolved Question:

I left my car at home while on a course i depend on no convictions for my job as i need an sia license . my partner then drink drove my car causing minor to light injurys caught by the police while on my car insurance i did not know this would happen what will happen to me thank you
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

my partner is at the moment at paddock road police station Smethwick since 1800 last night and they will not tell me anything other than we can keep her for 48 hrs if we want.

Customer: replied 3 years ago.

my partner has just been released at 1000 failure to produce a breath sample failure to produce a blood sample

Expert:  Jo C. replied 3 years ago.
Ok
So what would you like to know about this please?
Customer: replied 3 years ago.

Hi I just need to know where I stand I have been arrested for failure to provide a drink specimen which I did cooperate. I had a car accident and hurt my chest and the nurse at the Police station stated that I might providing a sample as I could not breathe adequately. This is my first offence and I due to attend the Magistrates Court on the 7th March 2014.


 


Thanks


 


 


Kerry


 

Expert:  Jo C. replied 3 years ago.

Sorry to ask but why couldn't you provide?

I understand you hurt your chest but you only have to blow a very small amount with very little pressure.
Customer: replied 3 years ago.

Hi I did dry to blow into the machine but to no avail I don't know if anxiety kicked in but the nurse tried to get a blood test buy unfortunately he said that he could not get a vein to issue my blood test so I opted for an urine test. One sample was filled up to the hilt but I had to give a second urine test but in half an hour I could not go to the toilet. The Police are arresting me to failure to give an sample at which time I did not disagree to I cooperated to the hilt.


 


Thank you


 


 


Kerry

Expert:  Jo C. replied 3 years ago.
Yes, but you didn't succeed ?

How bad was the accident that you had? What actually happened?
Customer: replied 3 years ago.

Hi the accident was more damage to our car which was only KA the other car was not much damage which is a write off.


 


Thank you

Expert:  Jo C. replied 3 years ago.
Thanks.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

Come what may, you didn't provide. There is no defence in saying that you did try. The law requires that you provide.

It is an offence that is quite procedure based so you can always put them to proof that proper warnings were given.

It is also a defence to say that you had reasonable excuse to fail to provide which does encompass a medical reason. The problem with this is that its quite unlikely that you are going to find a doctor who is going to say that whatever your medical condition is it is such that you could not blow a very small amount of breath requiring almost no pressure at all. Obviously there are people who are incapable of doing that but generally they are the ones on death beds in hospital rather than driving motorvehicles around.

If you are intent then you need to gather medical evidence or challenge them on procedural defences.

In terms of what sentence you will get its a really difficult exercise. On one reading, because of the accident, you are in category one which does have a starting point of 12 weeks custody but that won't happen. I think they will probably say its category three or two with the aggravating feature of greater harm because of the accident. That will lead to either a fine or a community order and a ban of between 17 to 36 months.

I'm afraid a ban is mandatory upon conviction of this offence and the court has no power to do anything else.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi thanks for replying I am just worrying because it is my first offence and I used to be a Special Constable I hope I do not get sent to jail which I would not cope with at all.


 


Thank you

Expert:  Jo C. replied 3 years ago.
You won't get a custodial sentence on a first offence. They will always find away around that for this type of offence.

Jo C. and other Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/