In the last six months the press have reported on a number of cases that have collapsed due to the failure of the police to provide full disclosure to the defence. These cases have highlighted the failings in the disclosure process and resulted in a...
Failing to provide a specimen of breath, blood or urine without reasonable excuse is a criminal offence. Often, a person may have a reasonable excuse (whether a medical reason or not) for not providing a sample meaning that a charge for this offence may not always lead to a conviction.
It is important to always take legal advice when charged with failing to provide a specimen because, whether there is an obvious defence available or not, the penalties for failing to provide a specimen are extremely wide ranging with the sentencing guidelines giving much more room for interpretation than the more definitive offence of drink driving.
What is certain is that a disqualification if convicted will lead to a ban from driving for a minimum of 12 months. Due to the make-up of the sentencing guidelines the courts’ routinely look to impose disqualifications for this offence by starting at the 17 month mark. Even if it appears that there is no defence available, it is important to get the right representation at court to ensure the court take all of the relevant factors into consideration when deciding upon penalty.
Our specialist motoring lawyers have the expertise to advise and assist you, call our 24 hour driving offence helpline on 0203 816 9274 or complete our online enquiry form for free initial advice.