Clarke Carlisle, former Burnley, QPR, Leeds and Northampton player has been charged with a drink driving offence |
It has been reported that Clarke Carlisle, the former
chairman of the Professional Footballers Association has been charged with
failing to provide a specimen of breath for analysis by the Metropolitan
Police. He is due to appear at Highbury
Corner Magistrates’ Court on the 20th January 2015, although he is
currently seriously injured in hospital following a collision with a lorry that
was unrelated to the allegation of drink driving.
Since it’s in the news, this seems like an opportunity to
explain what failing to provide a specimen is all about. It goes without saying that none of what
follows relates to Clarke Carlisle’s case since we would never discuss an
individual case prior to trial when the full facts are not known.
Most people I speak to have the idea that failing to
provide isn’t a serious offence – I hear a lot of people saying, “oh but
failing to provide isn’t as serious as drink driving”. If you’ve been charged with failing to
provide then the bad news is that it is a serious offence, even more serious
than drink driving itself.
Why is it so serious?
Well the simple reason is that if you could get away with drink driving
by refusing to provide a specimen then everybody would refuse to provide! I’m told that in Texas there is no equivalent
offence so drivers routinely refuse to provide and are allowed to go on their
way; how true that is though I’ve no idea.
Because the courts treat failing to provide more
seriously than drink driving it is easy to find yourself facing a prison
sentence, which makes getting an expert drink driving solicitor even more
important. Prison becomes a real
likelihood (even for a first time offender) if the court decides that you
deliberately failed or refused to provide and that you were seriously intoxicated
at the time. This can be a problem for a
lot of people because often the reason they fail to provide is because they
were drunk in the first place.
The police can require you to provide a specimen of
breath if they were conducting a genuine investigation into a drink driving
offence. This means that if you can show
they were not investigating such an offence then you will have a defence. So, if it were impossible for you to drive
the vehicle and the police knew that then you may be able to argue that their
investigation had concluded upon discovering it was impossible for you to drink
drive and therefore they had no power to require a specimen of breath.
Far more common are medical excuses for your failure,
such as asthma or some other condition that left you unable to comply with the
procedure. It’s worth remembering that
if you can be too drunk to provide and that is a medical excuse! I have won cases by arguing that my client
was physically incapable of providing through being too drunk. If you are considering running with this type
of defence you MUST take expert legal advice from a specialist drink driving
solicitor; it’s easy to make things far worse for yourself and a decent amount
of the work we do every year is advising people who went it alone or chose the
wrong solicitor.
I know that Mr Carlisle’s family will be far more worried
about him than any drink driving case at the moment and everyone here at the
London Drink Driving Solicitor wishes him a speedy recovery.
If, like Mr Carlisle, you have been accused of failing to
provide a specimen of breath (or blood or urine) then you can get expert legal
advice from the London Drink Driving Solicitor and by calling 020 8242 4440.
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