Failing to Provide a Specimen

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          Failing to provide a speciment or sample...

Sometimes, clients simply cannot provide a sample of breath at the roadside and latterly at the police station.  For instance, there may be medical reason why it is impossible to provide such a sample and is not a wilful default.  It should be understood that there is an obligation to provide such a specimen otherwise you will fall foul of an offence for failing to provide a specimen of breath for screening contrary to s.6(4) of the Road Traffic Act 1988 or if you fail to provide a specimen of breath for analysis at the police station, it is also an offence contrary to 7(6) of the same Act.  Furthermore, there is no reason for the police to wait for you to get independent legal advice.  The penalties include disqualification for a minimum of twelve months, up to six months custody and a fine up to £5,000.

        What can I do? Do I have a defence?

Marcus Croskell is a defence lawyer based in Ipswich, who specialises in cases like these.  As one of the most experienced traffic defence lawyers in the East Anglia region, he can help you through every aspect of your preparation for your case and advise you on the technical and factual defences where available.  Marcus Croskell can advise on the best way to approach the case, advise if the police followed the correct procedure, your prospects of success and whether you may need an independent scientific expert to assist in undermining the case against you.  For instance, there are certain circumstances where officers are obligated to offer a detained party the option of providing a blood or urine sample in the alternative.

If it becomes necessary to plead guilty, Marcus can provide advice to help achieve the best result.  Despite the mandatory minimum of 12 months disqualification, it is often possible to present mitigation to the court to minimise the length of the driving ban and financial penalty.  The court will wish to consider if the failure was a deliberate and wilful act to avoid detection for being over the legal driving limit or an honest but mistaken refusal with no intention to deceive or manipulate the system.

If you would like to arrange a FREE initial legal enquiry with a defence lawyer who has many years experience in such cases, please contact 0843 886 2603 or contact us online here.  Please use the reference: