Fail to Provide

Failing to provide a specimen of breath is a criminal offence when requested by the police if you are suspected of committing a drink driving offence. The Law states that if the police are investigating a case of driving under the influence of drink, drugs or being drunk in charge of a motor vehicle, you are legally bound to provide a specimen of breath, blood or urine to the police at their request. If you do not supply this sample, you will be charged with failing to provide a specimen.

There are very few defences for this particular offence, as there are three ways in which the specimen requested can be provided. However, if you have a reasonable excuse for failing to provide or refusing to provide, such as a medical condition which means you have poor lung capacity or that you are needle phobic. You may also feel sufficiently intimidated by the police and the process involved, that your find yourself unable to provide a sample.

What are the penalties?

Failing to provide a specimen is a serious offence. The police and the court will assume that you do not want to provide a specimen as you know you are over the limit. If you are charged with this offence you could face:

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If you are facing a motoring offence and you want the best team possible, contact us today on 01924 501 717 during office hours or if you need help outside of these hours, please call our 24 hour emergency number, 07956 352945

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On the 7th of November 2009 I was driving my vehicle along Bradford Road. It was a dark night and street lighting was limited. I ran over a hazardous traffic island which was not visible to me. It caused my vehicle to be substantially damaged along with a huge jolt to myself wherein I suffered with pain to my neck area. Despite the local council being aware of the hazardous island, no repairs were carried out. I contacted Ashmans Solicitors who pointed out the breaches of duty by the local council. To my amazement, the council denied all knowledge of the island and denied liability. Ashmans Solicitors pursued on my behalf the local council vigorously and issued court proceedings against them. I am happy to say that they successfully argued my case and I won my case. Ashmans Solicitors were completely professional in their approach from start to finish. They kept me informed of my case throughout and I was overjoyed with the outcome and service. I would not hesitate to recommend Ashmans Solicitors.

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