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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70009
Experience:  Over 5 years in practice.
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I was arrested last night and have been charged with being in charge of a vehicle and

Resolved Question:

Hi..I was arrested last night and have been charged with being in charge of a vehicle and failing to provide a sample (without reasonable excuse).
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.
How can I help with this please?
Customer: replied 1 year ago.

I also informed the officers that I had been takin medication during the course of the day (more than the stated dosage).

Whilst i I shouldn't have been in the vehicle - do the items I have mentioned above represent valid mitigation points in your view ??

Expert:  Jo C. replied 1 year ago.
How did the failure come about?
Customer: replied 1 year ago.

I was blowing into he device / machine at the station and I simply couldn't sustain enough force in the 'blow' for the machine to take a reading.

Expert:  Jo C. replied 1 year ago.
Do you have any previous please?
Customer: replied 1 year ago.
None.
Expert:  Jo C. replied 1 year ago.
You need to be very careful with this point for two reasons really.
Firstly, when you start saying that you had trouble providing you are a whisker away from saying that you could not for medical reasons which is a full defence.
Secondly, you might well meet with a Magistrate who just simply disbelieves the mitigation. In fairness, it is not a difficult task to give a specimen of breathe. It doesn't require huge lung capacity.
However, it is mitigation to say that you did try to provide and failed. It is to be distinguished from a case where a defendant just refuses to co-operate at all.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
What should I expect from a sentencing perspective? Can I expect to avoid a ban ?
With the medication, my willingness (albeit failure) to provide a sample and the fact that i am suspected of being in charge of rather than driving a vehicle should I anticipate a big fine and ten points or am I looking at a ban !
Expert:  Jo C. replied 1 year ago.
No, you will be banned I'm afraid. If it is a matter of in charge then it is not mandatory but it is likely I'm afraid.
Otherwise it will be a fine, a costs order of £85 and a court charge of £180.
Customer: replied 1 year ago.
Would you recommend that I am supported at the Magistrates court or should I simply attend alone without a solicitor?
Is it likely to have an impact on the outcome ?
Expert:  Jo C. replied 1 year ago.
Generally speaking it is better to be represented but you may not get legal aid so the cost racks up.
Whether it makes a difference depends on so many factors but generally it reduces the risk. A represented person is much less likely to say something in mitigation that amounts to aggravation or to plead to the wrong offence when a deal is available.
Customer: replied 1 year ago.
Thank you for your input. I will be rating you shortly.
Whilst you cannot second guess any likely disqualification - from your experience - should I prepare for months or years on the disqualification ?
Expert:  Jo C. replied 1 year ago.
Generally 12 months.
You might be lucky but prepare for the worst.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70009
Experience: Over 5 years in practice.
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