NationStates Jolt Archive

This baffles me a bit. Police take you to their station and you are asked to follow instructions to provide a sample of your breath. You do follow the instructions but the PC tells you the results are not good enough, because the tester can’t do a reading. You are issued a print out showing specimen 1 incomplete. Without further attempts, contrary to your insistence, the PC says you have failed to provide a specimen for analysis. You sign the print out indicating that specimen 1 was incomplete.

You are then locked up for some time and a second test is done, after two attempts, showing a reading of 45 or 46. You are interviewed and you refuse to answer some questions (you have the right to remain silent as we know). You are then charge with the offense of failing to provide specimen for analysis – car driver.

You were not the one driving the car when it went into hedges but you are the owner of the car (Honest). No damage done to a third person or property.

But the main issue is, why should you be charged with this offense when you genuinely cooperated ( and it was your first time) and a second test was done a bit later?

My friend could be in trouble. Please advise.

This baffles me a bit. Police take you to their station and you are asked to follow instructions to provide a sample of your breath. You do follow the instructions but the PC tells you the results are not good enough, because the tester can’t do a reading. You are issued a print out showing specimen 1 incomplete. Without further attempts, contrary to your insistence, the PC says you have failed to provide a specimen for analysis. You sign the print out indicating that specimen 1 was incomplete.

You are then locked up for some time and a second test is done, after two attempts, showing a reading of 45 or 46. You are interviewed and you refuse to answer some questions (you have the right to remain silent as we know). You are then charge with the offense of failing to provide specimen for analysis – car driver.

You were not the one driving the car when it went into hedges but you are the owner of the car (Honest). No damage done to a third person or property.

But the main issue is, why should you be charged with this offense when you genuinely cooperated ( and it was your first time) and a second test was done a bit later?

My friend could be in trouble. Please advise.
Call John Mortimer... You need Rumpole of the Old Bailey. :p

Sorry. Brit Law is not my speciality.

lol! Well funny.

hmmm.....



This doesn't make sense....

I'll ask my dad, he used to be a lawyer....

This baffles me a bit. Police take you to their station and you are asked to follow instructions to provide a sample of your breath. You do follow the instructions but the PC tells you the results are not good enough, because the tester can’t do a reading. You are issued a print out showing specimen 1 incomplete. Without further attempts, contrary to your insistence, the PC says you have failed to provide a specimen for analysis. You sign the print out indicating that specimen 1 was incomplete.

You are then locked up for some time and a second test is done, after two attempts, showing a reading of 45 or 46. You are interviewed and you refuse to answer some questions (you have the right to remain silent as we know). You are then charge with the offense of failing to provide specimen for analysis – car driver.

You were not the one driving the car when it went into hedges but you are the owner of the car (Honest). No damage done to a third person or property.

But the main issue is, why should you be charged with this offense when you genuinely cooperated ( and it was your first time) and a second test was done a bit later?

My friend could be in trouble. Please advise.

I'm from the USA but I deal with similar situations fairly regularly.

I assume your "friend" was offered a breath test upon suspicion of drunk driving because the police don't believe his story about not driving, or because your friend was a minor who had consumed alcohol illegally.

Typically, a breathalyzer requires a minimum air sample for the test to measure alcohol content accurately. In Michigan, if you fail to provide an adequate sample you can be charged with a civil infraction. Usually, when someone fails to provide an adequate sample it is because they are trying to interfere with the results. However, inability to provide the sample due to medical reasons could be a defense.

Why was your friend charged even though it's his/her first time? I guess the answer would be: How do the police know that your friend genuinely cooperated? Heck, I'm skeptical myself.

You were not the one driving the car when it went into hedges but you are the owner of the car (Honest). No damage done to a third person or property.

;)

As well, unless the tester itself is not functioning, it can be reasonably assumed your friend interfered with the sample by not breathing forcibly enough. I read a case once that someone contested this, and said that the machine was not operational, but lost because the officer in question had written in her log book that she had checked the machine before the test and found it to be operational. In another case, the officer had NOT logged this procedure, but testified that it was a regular procedure, and so was likely done. This was also accepted.

In Canada you can be charged for not providing a sample...and they can also get a warrant for a blood or urine sample if they need proof.