Driving

[Cheesefreek]

A work colleague of my husband's smashed his car into a tree (he wasn't injured cos of air bag) and refused to give a breathalyser or a blood test. Can he still be fined for drinking and driving (he had been) or is there a different charge. Lucky my hubby wasn't in the car or he would have been killed as there was no air bag on the passenger side.

[jake-the-peg]

He'll be prosecuted for "refuse evidential spcemin"

Mandatory 12 months ban and fine

[chairobyx16]

Failure to supply along with evidence from arresting officer would lead the court to assume guilt and often punish more severly than otherwise.

[R1Geezer]

As above, also the beak will take it as effectively a drink drive conviction, so if he already has one then it's 3 years ban most likely.

[New Judge]

There would be no evidence to offer to support a charge of excess alcohol and guilt of that offence cannot be assumed by the magistrates. However, as jake says, refusing to provide an evidential specimen is offence by itself.

Disqualification (12 months minimum) is mandatory and magistrates' sentencing guidelines for the offence suggest a ban of 24 months. In addition the offence carries a maximum of 6 months imprisonment, but the guidelines suggest a starting point of a community penalty.

The fact that an accident occurred will aggravate the offence and may lead the Bench to impose a higher penalty than their guideline starting point.

[fredpuli47]

It's very unwise for a driver to refuse to give a specimen.It's treated as evidence that the driver knows that his reading will be very high. That's the only logical explanation for the refusal. Hardened or knowing drink-drivers are well aware that a high reading brings much severer consequences than a 'normal' failure.Typically the driver who has refused then gives some **** and bull story about how little he'd consumed and how (name a fanciful reason short of a defence to the charge e.g emotional upset, trouble at home, panic) it was he failed to give the specimen.

That's why the justices impose high penalties for refusal.