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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69786
Experience:  Over 5 years in practice.
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Last night after an argument with my fiancee I walked out and

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Last night after an argument with my fiancee I walked out and sleept in my bunk in the back of the van I was awoken bye the police who said that my fiancee had rang Feering I may drive the vehicle the keys were in my wash bag in the back of the van and the police could see the bed and sleeping bag I was in i was breathalysed and the reading was 50 I told the officers I'd taken my night time medication which I'm prescribed by my doctor for nervous anxiety which I have suffered for many years it was only 8months ago I suffered a nervous breakdown all documentation is with my doctor. While I was with the police I suffered a bad asmha attack and on arrival at the police station I was taken to hospital were I was told that I had suffered a bad anxiety attack once sorted the police asked me to provide a blood sample of which I said no but I am more than happy to give you a urine sample or hair sample! I was taken bk to the police station and told to forget the 1st charge and re issued with another charge for failing to provide a sample? I never once got into the front of the van and a neighbour today said he'd seen the van parked up and not moved since Saturday afternoon? Please help has im realy having a tough time has all I did was get my head down for the night.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
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 1 year ago.

We're do I stand legally? I've been given a court date but I'm bemused at the charge has I'd given the breath test but has I said I was asleep in the bed in the back of the van and never once tried to drive the vehicle? Also I had a nervous breakdown in the last 8 months and im at a nervous disposition and that's why I said take urine or hair sample.all this can be backed up by my doctor . Please advise me.ive also got the neighbours details who stated that the van had not been moved and was parked in the same place since Saturday.

Expert:  Jo C. replied 1 year ago.
Are you asking if you have to plead guilty?
Or what sentence you will get?
Or something else?
Customer: replied 1 year ago.

I'm totally inocent of the alleged incident I was asleep in the back of the van and the keys were in my wash bag in the back of the van and ive got a neighbour who is willing to state that the vehicle hadn't moved since I parked it up Saturday afternoon when I finished work all I did was get my head down in the bed in the back of the van and at no point did I start the vehicle! The only thing I would not have is a blood test as I suffer from nervous anxiety and I am petrified of injections I offer urine and hair samples has I know that this is a alternative test.

Expert:  Jo C. replied 1 year ago.
Yes, I've read the facts.
What I need to know is what is your specific question about this?
Customer: replied 1 year ago.

I've been given a courtdate 4th of June but I'm totally inocent of the alleged incident I have only slept in the van and the keys were in the back with me the police got them out my wash bag the van was open so I had nothing to hide all I was doing was sleeping in my bunk bed and sleeping bag at no point did I start the vehicle or try to get in the front the neighbour is willing to state that the vehicle hadn't moved since I parked it up Saturday afternoon when I finished work. Please advise

Expert:  Jo C. replied 1 year ago.
Thank you.
Would it be possible to ask a specific question?
For instance, are you asking if this amounts to driving?
Customer: replied 1 year ago.

Thanks for your help and advice I never once got behind the wheel of the van and all I did was get into the bed and sleeping bag in the back of the van, my fiancee had rang the police Feering for my safety and wellbeing has we had an argument I honestly took myself away from the situation and thought nothing more than to sleep in the bed in the back of the van I suffered a bad asmha attack after giving the police the breathalyser and was advised to go to hospital with my history of anxiety and stress and asmha the reading of my breathalyser was 50 but as I've stated I wasn't driving the van only sleeping in the back of the vehicle at no point did I start the vehicle or enter the front of the van has I've stated already a neighbour said the van had been parked on his front since Saturday afternoon when I finished work! What should I do? I'm a professional driver owning a small courier delivery service and my licence is my living please advise if I've a strong defence as I am totally inocent of the alleged incident

Expert:  Jo C. replied 1 year ago.
Yes, well I wouldn't be too sympathetic to her over what she has done. All of this has been caused by her and you should be aware of the position she has put you in.
I presume the keys weren't in the ignition?
They are not saying the engine was warm?
Customer: replied 1 year ago.

No the engine was cold and the van had not been used for over 24 hours there's no doubt that I hadn't moved the van and the neighbours confirmation of this will no doubt help me and vindicate me there the problem is that I would not give them blood in the hospital I'd already gave them a breathalyser and because of my condition with my nerves I wouldn't give them blood although I did offer urine and hair? Do I have a strong defence?

Expert:  Jo C. replied 1 year ago.
If you were charged with drink driving then you would have had an overwhelming case as there isn't any evidence you were drink driving.
If you are charged with failing to supply though then I'm afraid these facts are not a defence. Your fiance placed you in this position by calling the police and you should bear that in mind. However, they were called. They had a right to demand a specimen of breath.
In terms of whether or not this is failing to supply, it depends what the blood sample was. They have a right to demand any sample they like so the fact that you provided others is a non issue. However, if the one over 40 but under or including 50 in breath is relied upon then it could be argued that you did. The blood sample is usually only an offer that they make because it is a more accurate test. They do not always force the suspect to offer a sample of blood. If that has happened then you have just refused an offer.
However, if they used their legal rights to demand blood from you and you refused then that is an offence I'm afraid.
From the facts that you describe I'm afraid you probably have failed to supply. I am sorry as I know that if you had been left alone this would never have happened because you had no intention to drive.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69786
Experience: Over 5 years in practice.
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