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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 65215
Experience:  Over 5 years in practice.
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They said I refused breath or blood test at police station.

Resolved Question:

They said I refused breath or blood test at police station. As far as I know they said I had refused
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 1 year ago.


Had minor bump with car, went home having swopped details then visited by police at home with a vodka in my hand. They still arrested me and took me to local police station.


I was not asked to give breath test or blood at station but told this morning I had refused either the night before.

Expert:  Jo C. replied 1 year ago.

So you deny ever being asked to provide?

Do you know that most custody suites are on CCTV now with audio and visual recording? Is the recording going to be helpful to you?
Customer: replied 1 year ago.


Can I view the footage before going to court

Expert:  Jo C. replied 1 year ago.
Not before you enter a plea.

Is this basically just that you may have been so drunk that you cant remember ? You are anonymous on here so its safe to be clear with me.
Customer: replied 1 year ago.

No I wasn,t so drunk I couldn,t remember

Expert:  Jo C. replied 1 year ago.
Ok.

So will the footage be helpful?
Customer: replied 1 year ago.

Yes

Expert:  Jo C. replied 1 year ago.
In that case, you can just go to court and plead not guilty and defend the case.

If you were not asked to provide a specimen of breath then you cannot be guilty of failure to do so.

I would just make one point though for your consideration. I have never yet seen a case where a person was arrested for drink driving and not offered the breathalyser. Sometimes its not offered in accordance with the law but I have never yet known an officer who hasn't made some effort to offer it at all.

If thats what has happened in this case then that is a defence obviously.

If there is any risk that you were offered an opportunity to comply with the breath test though then you should think seriously about your plea. The evidence will come from police officers and they are always compelling witnesses where Magistrates are concerned. It might well be supported by CCTV footage from the police station of the procedure.

Bear that in mind when you consider your plea.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 65215
Experience: Over 5 years in practice.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you

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