Failure to provide a specimen
If you are have been charged, or are likely to be charged with the above offence, contact us to speak to one of our specialist motoring offences solicitors who will assess your case and advise you on a possible defence.
Contrary to popular belief it is possible to mount a successful defence against motoring offence charges and it may be possible to avoid disqualification in cases where this would cause exceptional hardship, or where special reasons can be shown in mitigation.
If you fail to provide a specimen, either at the roadside or at a police station, you can be charged with failure to provide a specimen.
Penalties for Failure to provide a specimen
Sentences for failure to provide a specimen are now broadly similar to those for drink driving. The minimum disqualification for drink driving is 12 months with magistrates having discretion to give a ban of 18-24 months unless successful mitigation can be shown.
A possible defence against this charge is if you can show a ‘reasonable excuse’ for not providing a specimen. This could be a medical reason such as breathing difficulties which hinder you from completing a breathalyser test. It may also be a phobia of needles which prevents you from giving a blood sample at the police station.
Another issue which could lead to a possible defence is when the police officer has not given the required warning that failure to provide a specimen could result in criminal prosecution. Failure to follow this procedure may result in the refusal to provide a specimen being lawful.
If you have been charged with failing to provide a specimen contact us to obtain advice from our experienced solicitors.