Failure to Provide a Specimen

Failure to Provide a Roadside Breath Sample 

 

Understanding the Law

 

In England and Wales, it is a legal requirement to provide a roadside breath sample when requested by the police. This request typically occurs if you are suspected of drink driving or if you have been involved in a road traffic accident. Under the Road Traffic Act 1988, failing to provide a breath sample without a reasonable excuse is a criminal offence.

 

Reasonable Excuses

 

A reasonable excuse for failing to provide a roadside breath sample may include certain medical conditions that physically prevent you from giving a sample. However, the burden of proof lies with the accused to demonstrate that such an excuse exists.

 

Penalties for Failure to Provide a Roadside Breath Sample

 

If you fail to provide a roadside breath sample when lawfully required to do so, you can face severe penalties. These include:

 

- A discretionary driving disqualification

- A fine up to £1,000

-4 penalty points

- Up to 6 months in prison

- A criminal record

 

These penalties are designed to encourage compliance with police requests, which are aimed at ensuring road safety.

 

Defending Against Charges of Failure to Provide a Roadside Breath Sample

 

If you are charged with failing to provide a roadside breath sample, it is crucial to seek legal advice immediately. An experienced lawyer can assess the circumstances of your case and identify possible defences. For instance:

 

- there was a genuine medical reason preventing you from providing a sample,

- or if the police did not follow correct procedures,

- You were dealing with an emergency, such as being in a rush to seek medical treatment

-The breath analysis machine used by the police officer was not working properly

 

These factors could be pivotal in your defence and can be explored by JR Criminal Defence.

 

Call to Action

 

If you have been accused of failing to provide a roadside breath sample, don't face it alone. Contact JR Criminal Defence today for expert legal assistance. Our experienced team specialises in defending failure to provide a roadside breath sample offences and will work tirelessly to protect your rights and achieve the best possible outcome for your case. Call us now on [Your Phone Number] for a confidential consultation.

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Fail to provide a specimen at the police station

 

In England and Wales, it is a legal requirement to provide a specimen of breath, blood, or urine when requested by the police under certain circumstances. These circumstances typically involve situations where the police suspect that a driver is under the influence of alcohol or drugs.

 

By virtue of the Road Traffic Act 1988, refusing to provide a specimen without a reasonable excuse is a criminal offence. The police will normally ask for a breath test (taken at the roadside) unless there are medical or evidentiary reasons they feel they need a sample of urine or blood instead (taken at a police station).

 

 

Reasonable Excuses

 

A reasonable excuse for failing to provide a specimen may include medical conditions that physically or mentally prevent a person from giving a sample. However, the burden of proof lies with the accused to demonstrate that such an excuse exists.

 

Penalties for Failure to Provide Specimen

 

Failure to provide a specimen has two different maximum penalties if convicted. One applies if you were driving or attempting to drive at the time the police initially requested a sample, and one which applies if you were not driving or attempting to drive but you were in charge of a vehicle.

 

If you fail to provide a specimen (when driving or attempting to drive) when lawfully required to do so, you can face severe penalties. These include:

 

- A minimum 12-month driving ban

- A fine up to £5.000

-3-11 penalty points

- Up to 6 months in prison

- A criminal record

 

If you fail to provide a specimen when in charge of a vehicle you could face up to three months’ imprisonment, a fine up to £2,500, ten penalty points and you may be disqualified from driving for at least 12 months if the court decides this is necessary.

 

These penalties are stringent to deter drivers from refusing to cooperate with police procedures, which are designed to keep roads safe.

 

Defending Against Failure to Provide Specimen Charges

 

If you are charged with failing to provide a specimen, it is crucial to seek legal advice immediately. An experienced lawyer can assess the circumstances of your case and identify possible defences. For instance, if there was a genuine medical reason preventing you from providing a specimen, or if the police did not follow correct procedures, for example by not warning you that failure to provide a specimen can lead to prosecution. All these factors could be pivotal in your defence.

 

Call to Action

 

If you have been accused of failing to provide a specimen, don't face it alone. Contact JR Criminal Defence today for expert legal assistance. Our experienced team specialises in defending failure to provide specimen offences and will work tirelessly to protect your rights and achieve the best possible outcome for your case. Call us now on………………..number] for a confidential consultation.