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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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Last night my son was arrested to do a breathalyser

Customer Question

Last night my son was arrested for refusing to do a breathalyser and criminal damage but he wasn't driving or in a car. He has to attend court at the end of November what could the outcome be. He has got previous
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What was the criminal damage?
Customer: replied 2 years ago.
He kicked a door of a house and the glass broke. He thought it was his mates house and was asking him to let him back in
Expert:  Jo C. replied 2 years ago.
Will the friend or his family give evidence against him?
Customer: replied 2 years ago.
His friend won't give evidence against him as it wasn't his house. The man who's house it is took a video of him which he agreed and offered to pay
Expert:  Jo C. replied 2 years ago.
who offered to pay?
Customer: replied 2 years ago.
My son offered to pay for the damage to the police when he was interviewed
Expert:  Jo C. replied 2 years ago.
There is no way around that then.
What is his previous and from when?
Customer: replied 2 years ago.
He knows about the criminal damage its the charge of refusing a breathalyser when he wasn't in/near his car. His previous have all been drink related, drunk and disorderly, gbh assault and in 2001 drink driving
Expert:  Jo C. replied 2 years ago.
It is not a defence to the charge of failing to provide to say that you were not driving.
A constable only needs 'reasonable suspicion' that a person was driving and had been drinking which has been interpreted as the barest suspicion on the case law.
As soon as the request is made if a person does not provide without a medical reason which prevents them from doing so then they commit an offence.
It is a point in mitigation to say that you did not believe you had to provide because you were not driving though.
I'm afraid this will lead to a further ban. The sentence will depend on his antecedence but you do seem to be describing a long term issue with alcohol so I would expect either an alcohol order or something like a curfew. Maybe unpaid work.
Sorry if that is bad news.
Can I clarify anything for you?
Customer: replied 2 years ago.
What is an alcohol order and why unpaid work
Expert:  Jo C. replied 2 years ago.
A community order that address alcohol dependency.
Because he has previous convictions for relevant offending.
Customer: replied 2 years ago.
Is he likely to go to prison
Expert:  Jo C. replied 2 years ago.
It depends on his previous and the facts of this allegation. He could I'm afraid. It is fairly rare but it depends what his compliance has been like hitherto.
Customer: replied 2 years ago.
So if he did get sent to prison how long do you think it could potentially be
Expert:  Jo C. replied 2 years ago.
It depends on his previous. I can't really assess that without sight of his antecedence.
Normally a few months to serve.