Refucing breath testeit

[Gabrial]

• hi i am new to this forum and would really appreciate any advice from you. I was charged for refucing a breath test and the story is as follows. Had few drinks at my mates place in the same state 800m away from my house. I drove there since my friend asked me to bring some chairs othervice usually walk. Then around midnight I decided to drove home as I was falling to sleeps. It was inside my state and hard any cars arround that time. Then I was falling to sleep on the way and suddenly I was infornt of the farm land which is end of my street. And there is no right turn a dead end towards right side so I decided to sleep as I couldn’t be bothered to open up the doors to go in. Then when I woke up I was inside an ambulance. Someone had called them saying I have passed out inside the car. What has happened was I missed a right turn and parked the car in street paralleled to my street and it was not a dead end but an intersection even though not many go on that road and specially not at that time. Anyway I was inside the ambulance and had ECG running and my heart rate was in high 140’s. The paramedics were telling me that my heart rate is really high and I should go to the hospital as it could be life threatening. Then police told me I have two options either come to go to the police station with them or asked me to call my wife and ask her to pick me up and go home safely and leave the car here. And also told that I will be charged anyway.So I took the second option and called my wife. She came in 5 mins as I was literally 100m from my house. Then paramedics told her about my situation and told I need to be taken to hospital so my wife asked should I take him now. Then they told to take me home and let me relax and if the heart rate is still high take to hospital. Police talk to my wife and got her details and let us go. I didn’t even think there would be any effect to my license as my car was parked and I was sleeping and yes later found out it was on the middle of a side road.!next day when I told the story to a friend of mine he told me that it would effect my license. So I went to the police station and spoke to them. Then the lady told me that she could smell a strong alcohol smell in the ambulance and they ask me to come to the police station three times first I said no then yes and then no again. I only remamber the last one and they actually gave me two options and I picked one. And I have sleep apnea and didn’t sleep well the previous night as my wife was sick and could were the machine while sleeping that’s why I fell in to sleep and I slept like dead because of that. And I have asthma as well and with the heart rate I felt an asthma attack was coming so just wanted to go home to nebulise I can get records from doctors about asthma and sleep apnea. And I have been sleeping there for a long time and can get letters from friends if need stating I left the party three hours before the time ambulance came in and also I don’t think police did an Initial breath test on the road because of my condition but I’m not sure as I can’t remamber much. And the police lady only told me she fel thwas smell and would have told me if they have done a test. And also she told me they will charge me for refucing breath test and told me she will bring the order and the docs to my home within three weeks 21 days but now it’s been 35 days 5 weeks but police didn’t come yet. Very confusing situation and not sure what to do as I haven’t received anything in writing yet and waiting is painful and also I do a driving job and it’s going to effect bigtime. But I was thinking whether they will process the case as they don’t have any proofs to say that I was drunk opviously they know but no proofs and also no proof to say I drove the car or I was there less than three hours and also I had a medical condition and the ambulance was there and obviously you can’t ask someone to hold their breath and do a breath test when their heart rate is more than double as a normal human bean. All your advice will be highly appreciated thanks a lot have a great day and god bless you all

 

[sammy01]

Do nothing.
If the cops serve you, go to court. probably best to plead guilty though.
But if the cops don't serve you then don't go asking, some lazy cop may have forgotten about it, so do go reminding them

 

[Gabrial]

Do nothing.
If the cops serve you, go to court. probably best to plead guilty though.
But if the cops don't serve you then don't go asking, some lazy cop may have forgotten about it, so do go reminding them

Hi Sammy ,

Thanks for your advise. Ya that’s the plan.
Do you think they have any guidelines to give me the summons within a certain time frame?
Just coz she told me she gonna bring them within 21 days. How long roughly they would take to action in your experience?

But I think I am going to fight not plead guilty. As it should be wrong for them to charge me for refusing to go to the police station because I had a medical condition. If so they should have done a breath test at the place and they didn’t do it obviously coz of my health condition and it didn’t change till the time they let me go with my wife

 

[sammy01]

Ok, but the ambo's didn't take you to a hospital, so they didn't see you as having an urgent medical issue. They likely percieved you as drunk (which by the sounds of things you were?)

How long till they serve you? look the longer the better.
You said you refused the test - at least once... So they have you on that... And you're not a reliable witness because they will argue you were drunk.
You want to hope they have just decided that they don't have sufficent evidence and have dropt the thing. They won't tell you if that is the case, so best not to ask... If they're gonna charge you they will come find you

 

[Gabrial]

Hi Sammy,

Thanks heaps again for the reply much appreciated. And ya the ambos didn’t take me to the hospital but they told my wife to monitor me and take me to the hospital if doesn’t go down. So I had her as a witness for my medical condition as she also so my heart rate on higher 140’s. And the ambulance served me for like 45 mins they were waiting for the heart rate to go down but it never did. My doctor told me heart rate can go high for many reason but for it to remain like that for more than 45 mins could be a medical condition. Refucing the breath test I only reduced to go to the police station even that I picked one from the two options they gave it was the first time I was in that sort of a situation and honestly I didnt know picking one option means refusing the other. They gave me two options and said you can pick one and told me I will be charged anyways I thought they gonna charge me for sleeping on the road. If I knew I would have go to the breath test as I was sleeping there for a while. I have told my mates that I am going to change my cloths and come back as I spill a drink on my cloths and one mate has come to my place to check and called me more than an hour before ambulance came. I think if they charge me I am going to fight for this. Because from what I found from deferent sites is we can defend a refusal of breath test if the person have a medical condition or if the person have drove the vehicle more than three hours before so I have both and I don’t think police have proofs to prove me wrong

 

[Gabrial]

Hi Sammy,

Thanks heaps again for the reply much appreciated. And ya the ambos didn’t take me to the hospital but they told my wife to monitor me and take me to the hospital if doesn’t go down. So I had her as a witness for my medical condition as she also so my heart rate on higher 140’s. And the ambulance served me for like 45 mins they were waiting for the heart rate to go down but it never did. My doctor told me heart rate can go high for many reason but for it to remain like that for more than 45 mins could be a medical condition. Refucing the breath test I only reduced to go to the police station even that I picked one from the two options they gave it was the first time I was in that sort of a situation and honestly I didnt know picking one option means refusing the other. They gave me two options and said you can pick one and told me I will be charged anyways I thought they gonna charge me for sleeping on the road. If I knew I would have go to the breath test as I was sleeping there for a while. I have told my mates that I am going to change my cloths and come back as I spill a drink on my cloths and one mate has come to my place to check and called me more than an hour before ambulance came. I think if they charge me I am going to fight for this. Because from what I found from deferent sites is we can defend a refusal of breath test if the person have a medical condition or if the person have drove the vehicle more than three hours before so I have both and I don’t think police have proofs to prove me wrong

And also shouldn’t they do a breath test on the spot before they ask me to go to the police station? And if it’s positive then they should have asked me to come to the police station. To be honest I can’t remamber but I don’t think they did because she only told me she smelled alcohol on me she should have mentioned othervice. And I know a friend of mine who had a same sort of an issue we’re police took him to custody for refucing the breath test and took him to the police station and he reduced there as well and then they charged him for both. And here they made me call my wife and let me go

 

[Tony Danos]

• hi i am new to this forum and would really appreciate any advice from you. I was charged for refucing a breath test and the story is as follows. Had few drinks at my mates place in the same state 800m away from my house. I drove there since my friend asked me to bring some chairs othervice usually walk. Then around midnight I decided to drove home as I was falling to sleeps. It was inside my state and hard any cars arround that time. Then I was falling to sleep on the way and suddenly I was infornt of the farm land which is end of my street. And there is no right turn a dead end towards right side so I decided to sleep as I couldn’t be bothered to open up the doors to go in. Then when I woke up I was inside an ambulance. Someone had called them saying I have passed out inside the car. What has happened was I missed a right turn and parked the car in street paralleled to my street and it was not a dead end but an intersection even though not many go on that road and specially not at that time. Anyway I was inside the ambulance and had ECG running and my heart rate was in high 140’s. The paramedics were telling me that my heart rate is really high and I should go to the hospital as it could be life threatening. Then police told me I have two options either come to go to the police station with them or asked me to call my wife and ask her to pick me up and go home safely and leave the car here. And also told that I will be charged anyway.So I took the second option and called my wife. She came in 5 mins as I was literally 100m from my house. Then paramedics told her about my situation and told I need to be taken to hospital so my wife asked should I take him now. Then they told to take me home and let me relax and if the heart rate is still high take to hospital. Police talk to my wife and got her details and let us go. I didn’t even think there would be any effect to my license as my car was parked and I was sleeping and yes later found out it was on the middle of a side road.!next day when I told the story to a friend of mine he told me that it would effect my license. So I went to the police station and spoke to them. Then the lady told me that she could smell a strong alcohol smell in the ambulance and they ask me to come to the police station three times first I said no then yes and then no again. I only remamber the last one and they actually gave me two options and I picked one. And I have sleep apnea and didn’t sleep well the previous night as my wife was sick and could were the machine while sleeping that’s why I fell in to sleep and I slept like dead because of that. And I have asthma as well and with the heart rate I felt an asthma attack was coming so just wanted to go home to nebulise I can get records from doctors about asthma and sleep apnea. And I have been sleeping there for a long time and can get letters from friends if need stating I left the party three hours before the time ambulance came in and also I don’t think police did an Initial breath test on the road because of my condition but I’m not sure as I can’t remamber much. And the police lady only told me she fel thwas smell and would have told me if they have done a test. And also she told me they will charge me for refucing breath test and told me she will bring the order and the docs to my home within three weeks 21 days but now it’s been 35 days 5 weeks but police didn’t come yet. Very confusing situation and not sure what to do as I haven’t received anything in writing yet and waiting is painful and also I do a driving job and it’s going to effect bigtime. But I was thinking whether they will process the case as they don’t have any proofs to say that I was drunk opviously they know but no proofs and also no proof to say I drove the car or I was there less than three hours and also I had a medical condition and the ambulance was there and obviously you can’t ask someone to hold their breath and do a breath test when their heart rate is more than double as a normal human bean. All your advice will be highly appreciated thanks a lot have a great day and god bless you all

w
Are you in Victoria?

 

[Gabrial]

w
Are you in Victoria?

Hi tony,

Yes I am

 

[Tony Danos]

Are you in Victoria?
At this stage wait and see. The police have 12 months to issue a summons. Contact me if charged.

 

[Gabrial]

H

Are you in Victoria?
At this stage wait and see. The police have 12 months to issue a summons. Contact me if charged.

hi tony ty

And I will contact you. Can I get your phone number and e mail?

Ty have a get day