Geoffrey Miller Solicitors are specialist Failing To Provide a Specimen for Analysis driving offence cases. Even if you are tee total and never drink alcohol, without expert legal representation you could be convicted of the drink driving related offence of failing to provide a specimen to the police.
If you fail a roadside breath test or you are simply unable to provide a complete sample, you will be taken for further testing at the police station or at hospital and required to cooperate in providing a further breath test, urine sample or blood sample.
It is the sample taken at the police station that would be used as evidence against you in court and is called the “evidential” sample. If you fail to provide an “evidential sample”, whether you were over the alcohol limit or not, you can be prosecuted for failing to provide a specimen to the police and convicted of this serious offence unless the court finds that you had a ‘reasonable excuse’ for your failing to provide a specimen.
Our drink driving solicitors and drug driving solicitors have extensive knowledge of the detailed technical laws related to failing to provide a specimen 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.