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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice.
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I need some desperate advice

Customer Question

Hello I need some desperate advice
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Last week I was involved in a car accident with no other car involved I was giving a friend a life. Police arrived and arrested me which I was a bit shocked about as I was actually caring for someone at the time who has dementia and she was at home in bed I only popped out quickly I'm a private carer. Police had hurt me quite bad and I am covered in bruising from the police, I wasn't taken to hospital either after the accident. They then asked me to provide a breath test which I refused simply not understanding the law and I wanted to get away from the officers. I was realeased the next day on the charge for not supplying a breath test which now I understand I should have, big mistake! The second charge is for assaulting a police officer because I apparently pushed him and the third charge is for criminal damage due to the police officers glasses falling off and breaking. I didn't intend for any of this and most defiantly wouldn't assault a police officer or cause for his glasses to break its just not in my nature. I have a clean record and I have been working as a carer for the last 3 years and I'm fully qualified with the right qualifications for my role. I love my job and scared that this is going to ruin my future. I made them aware of the lady that was left alone all night as I am a sole carer for her and they never believed me, her daughter who is a qualified nurse has employed me and is standing by me throughout this procedure and is willing to provide a character reference on the sort of girl I truly am. I also have helped people who are blind in my field and I wouldn't approach someone in a manner to hurt them
Expert:  Jo C. replied 2 years ago.
How can I help with this please?
Customer: replied 2 years ago.
They never asked me to provide a breath test at the scene of the accident they just arrested me
Expert:  Jo C. replied 2 years ago.
So what would you like to know about this please?
Customer: replied 2 years ago.
I'm appearing in court for assaulting a police officer and causing criminal damage
Expert:  Jo C. replied 2 years ago.
I understand.
What would you like to know?
Are you asking if you should plead guilty?
Customer: replied 2 years ago.
No because I am not guilty but what would be the outcome of this with my role that I'm currently doing even with a clean record
Expert:  Jo C. replied 2 years ago.
Do you accept pushing the officer?
Do you accept causing damage to his glasses?
Customer: replied 2 years ago.
No I do not not something I'd ever do
Expert:  Jo C. replied 2 years ago.
Had you been drinking?
Customer: replied 2 years ago.
No but they said I had been
Expert:  Jo C. replied 2 years ago.
You can obviously plead not guilty. Nobody can make you plead guilty.
You might want to consider the chances of success here. It is very unlikely that Magistrates, being what they are generally, are going to disbelieve the evidence of two police officers. Sometimes you can get the officers under cross examination to say things that bring them outside of the execution of their duty at the time of the 'assault' but that is the only way I have ever been able to win assault on PC charges.
If they have the broken glasses then the chances are quite high you would be convicted Im afraid.
You seem to accept refusing to provide so don't have a defence as far as that goes.
In terms of sentence, pushing a police officer is not the most serious assault. It is upon a person acting in the execution of his duty though and courts generally don't like assaults upon public servants.
The failing to provide is going to attract a fine and a ban of between 12 - 16 months.
Realistically, they would probably fine for the assault and the criminal damage as well.
There will probably be a compensation order for the cost of the glasses.
There will also be costs of £85, the victim surcharge of roughly 10% of the fine and the court charge of £180.
Can I clarify anything for you?