UK Traffic Law
Ask an UK Traffic Law Question, Get an Answer ASAP!
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).