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Failing to provide a specimen
If a police officer has reasonable grounds to suspect a drink driving offence he can require a road side breath test. When such a test is failed, further testing can be required at the police station by way of a further breath test or urine or blood samples.
Officers requiring such samples must follow set procedures which if breached, can lead to a defendant’s acquittal.
When a person fails to provide such a sample they can be prosecuted for failure unless they have a 'reasonable excuse'. Geoffrey Miller Solicitors have extensive knowledge of the detailed case law in this area and can advise you of whether a 'reasonable excuse' may arise in your case.
It is also necessary that any person prosecuted for this offence was given an appropriate warning about the possibility of prosecution prior to the sample being required.
Geoffrey Miller Solicitors offer a priority investigative option to all clients facing prosecution for alcohol related offences due to their severity and the fact that the courts tend to process alcohol related prosecutions very quickly. You may be unsure if you have a defence based on the facts of your case or if you have a defence due to a procedural technicality. Our team of lawyers, who are amongst the country’s leading experts in this field, will consider the evidence in your case and take your full statement before providing you with our views of the merits of defending a prosecution or pleading guilty. We will do this for a relatively low fixed fee so that you do not have to commit to spending significant fees in order to see if there is any way of defending the prosecution.
Punishment
The most serious offence carries 6 months imprisionment, compulsory minimum ban of 12 months or 36 months if previous offence up to 10 years before, and a fine of up to £5000. To deter people with high readings refusing to provide a specimen, guidance suggests that penalties for this offence should start at a ban of 24 months rather than the statutory minimum.
Failing to provide a roadside breath test is a discretionary ban or 4 points, and a fine of up to £1000.
Case Studies and Testimonials
Adam L-IT Consultant- North Shields
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