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Failure to provide a specimen
You may be charged with an offence of failure to provide a specimen if you have not complied with the requirements of a roadside breathalyser or the Police Station breath testing procedure.
We have considerable experience of helping our clients charged with this offence; either by achieving an acquittal at Court, or putting forward mitigation to minimise the sentence that they may otherwise receive.
Contact us to speak to a solicitor and find out how we can help you.
A motorist may be charged with this offence if they refuse or are unable – for example, owing to a medical condition – to provide a breath sample.
Sentences imposed by the Courts for failure to provide a specimen are now broadly similar to those for drink driving. The minimum disqualification for drink driving is 12 months.
Defences against allegations of failure to provide a specimen
In some cases there may be a reason why you are unable to provide a specimen. This could be a medical reason which prevents you from carrying out a breathalyser test or a reason why you cannot give blood or urine at the Police Station.
In other cases a defence may be based on incorrect
procedure being followed by the Police, either at the roadside or at the Police Station. An example of this would be failure by the Police to give you the correct warning that failure to provide a specimen could result in criminal prosecution. Failure to follow the correct procedure may result in the refusal to provide a specimen being lawful.
Contact us to speak to a solicitor and find out how we can help you further.
