My Q I am worried that the level of my intoxication was so high that it will be 'aggravated' that the police are saying i deliberately failed to provide which again worried that this can be seen as 'aggravated'. I tried to blow into the machine and this can be seen on cctv. if i failed to provide will any readings (from my attempts to blow from the machine) be available to the court? I have no previous convictions, apart from a speeding conviction will this count as 'aggravated' ?
the police statement
its not an allegation its a charge of failing to provide a specimen for analysis, in their evidence statement they are suggesting that I was intoxicated to a high level
I don't know why!
Thanks Jo. Yes if I have taken the breathalyzer at the police station surely that is not deliberate refusal? will the cctv footage of the procedure be available to the court on the initial first hearing? or will I have to seek an adjournment for the court to view this. Will they bother to view it or take my word that I tried my best? when the police said in his statement I was making no effort?
The charge is 'Fail to provide a specimen for analysis-vehicle driver'.
I was arrested in my home having already driven. I was not given a roadside test.
I had drunk once I returned home having admitted to having one small glass of wine prior to driving.
I have no previous.
How can I ensure that CCtv footage is available at first hearing? Will they even bother to look at it if it is or will they automatically accept the police version of events, will I get the opportunity to explain the situation from my point of view and understanding, even if I plead guilty
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