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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69914
Experience:  Over 5 years in practice.
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Charged with failing to provide -vehicle driver. arrested at

Customer Question

Charged with failing to provide -vehicle driver. arrested at home, had been drinking at home and admitted to having had one glass of wine before driving. CCTV images of myself driving well, no collisions etc. Came home and was arrested attempted to blow into machine at police station but failed to provide, police say i was not trying in their statement, which is nonsense. I have no previous convictions for anything apart from speeding penatly points. 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 is aggravated. Also if i failed to provide will any readings from the machine be available to the court?
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 3 years ago.
Hi

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

I'm sorry for the delay overnight

What would like to know about this?
Customer: replied 3 years ago.

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' ?

Expert:  Jo C. replied 3 years ago.
Hi again

What's the evidence of serious impairment please? Why do they say your intoxication was high?
Customer: replied 3 years ago.


the police statement

Expert:  Jo C. replied 3 years ago.
Thanks

But what do they say about it? Whats the allegation?
Customer: replied 3 years ago.


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

Expert:  Jo C. replied 3 years ago.
Yes, so would it be possible to give me the information I asked for?

I need to know why they are saying you were highly intoxicated?
Customer: replied 3 years ago.


I don't know why!


 

Expert:  Jo C. replied 3 years ago.
If you did fail to provide then they cannot have readings. Obviously if you did provide some readings at the roadside but not at the station when directed then they can rely upon those readings but they only give a general indication.

They will have to raise some evidence of intoxication if they want to place this in the higher bracket. Usually police officers make statements describing defendants as smelling of intoxicating liquor, having eyes glazed and speech slurred and being unsteady on their feet.

Sadly though, if the court thinks you deliberately refused then that do fall into the higher sentencing bracket. You might be able to off a lesser basis.

The absence of any collision is helpful.

Trying is not a defence I'm afraid. The only way you can defend these things is to out them to prove upon procedure or argue medical reasons.

Can I help further ?

Jo
Customer: replied 3 years ago.


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?

Expert:  Jo C. replied 3 years ago.
It is a deliberate refusal if they are saying you deliberately refused.

CCTV is not usually available at the first appearance but it should be disclosed before trial.

Trying your best is no defence I'm afraid. Ether you provide or you do not.
Customer: replied 3 years ago.

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

Expert:  Jo C. replied 3 years ago.
CCTV is not usually available at the first appearance but it should be disclosed before trial.

If you plead guilty then you will be able to mitigate.