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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71135
Experience:  Over 5 years in practice
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hi Ive been charged with drink driving. road side breath test

Customer Question

hi I've been charged with drink driving. road side breath test registers at 65. so i was arrested at the station, I can't a agree to a blood test I was subjected to unless an anesthetic cream can be applied. I opted for a urine test as an option mentioned but the police insisted on a blood test. other charges are my an mot didn't appear in my insurance hence the comprehensive cover is downgraded to a 3rd party insurance.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 4 years ago.
hi I was arrested for suspicion of drink driving. I have been out to see a friend the day after I came back from my holiday. I do suffer with flu hence I'm taking flu medication, I forgot to mention this when I was asked at the police station. I have just started the car but haven't driven out of the road yet. the police just notice it as I slightly hit the bumper of the car in front of me, luckily it didn't cause any damage and I know the car owner so it was fine. when the police saw this theyve asked me to do a breath test which I have cooperated and the reading was at 65. when I was brought at the station they asked me to do another breath test but it has failed, I was meant to tell them that probably its due to my flu. I was then told to either do a urine test or a blood test, I was ok with the urine test but the police wants me to do a blood test, at that point I was terrified as I don't like needles inflicted on me, so I've asked whether an anesthetic cream could be used or otherwise I can provide another breath sample to try again or the urine test which is non invasive. after " not satisfied with my reason" they locked me up in a cell for about 4 hours. it was very cold and no toilet paper to use. they also have included in the charge as I have no valid MOT, this has not been produced by my garage as I just came back from my holiday, they also include that the insurance is not comprehensive or no third party which I don't understand. as I understood, my cover for now is only for third party until I have submitted a new MOT to my insurers. please help me with thi. thanks
Expert:  Jo C. replied 4 years ago.
Yes, I've read the facts.

What was it that you wanted to know about this please?
Customer: replied 4 years ago.
I am to attend court on the 30th of jan I just need expert advise on how to deal with my case please
Customer: replied 4 years ago.
I hope I can get through this and won't be charged to maximum penalties as my license is important and hopefully wont Barr me in travelling abroad
Expert:  Jo C. replied 4 years ago.
Thanks for the information.

A conviction for drink driving will not mean you are banned from travelling abroad. There are some countries where you will have to apply for a visa to travel with this conviction but its not likely to be a huge issue.

Unfortunately you are at risk of a ban though. A disqualification follows a conviction for drink driving as night follows day. This is by act of Parliament and is mandatory so the Court has no discretion.

You will only avoid that if you are either acquitted or argue special reasons. You seem to accept drink driving at least for a short time so you cannot contest the matter. If you only drove for a very short distance though then you could argue special reasons apply. There is case law that says driving only a very short distance can amount to special reasons.

If you are successful with a special reasons argument then the court can exercise a discretion not to ban you but you will still be fined.

Can I clarify anything for you?

Customer: replied 4 years ago.
how about the "refusal to have a blood test?" I haven't really refused as such as I have told them that I am willing to do another breath test which I first failed but there were options given such as the urine or blood test so I opted for the urine test as a non invasive procedure but the police insisted for a blood test hence, i requested for a anesthetic cream due to my fear of inflicting needles on me. how will this affect my case? is this a valid reason?
Expert:  Jo C. replied 4 years ago.
I am just travelling at the moment and do not have a permanent signal so as soon as I get a better connection I will respond. I won't be too long hopefully. Please don't respond to this thread in the meantime, thanks
Expert:  Jo C. replied 4 years ago.
Sorry for the delay.

If you are charged with failing to provide a specimen for analysis not drink driving despite the road side reading then that doesn't lead to an automatic ban but special reasons doesn't apply.

If you didn't provide the specimen they required then unless you have a medical reason for being unable to, you are guilty. There is no defence in saying that you offered a different form of specimen. The type of specimen is for the police to choose rather than the suspect.
Customer: replied 4 years ago.
what makes me choose the option of a urine sample was due to the reason that it was being mentioned. I was told that I can either give a urine sample or have a blood test, but in the end the police said he want me to go for a blood test. the option should not have been said if a choice can't be given so that was my dispute
Expert:  Jo C. replied 4 years ago.
Well, that may be right.

However, its for the police to choose the type of specimen and if you refused then that is an offence.