Failing To Provide A Specimen
There are a number of offences which may be considered, or may fall under the category of drink driving offences. In reality, however, it is possible to be prosecuted for failing to provide a specimen or a sample of breath, blood or urine, even if you are not guilty of driving while under the influence. If the roadside breathalyser test showed you to be over the limit then you will be required to provide an evidential sample at the police station and it is this sample that you must give or face points, a fine, disqualification or even a prison sentence,
When You Need To Provide A Specimen
In certain circumstances you may be required to provide a sample to the police to prove that you are not driving under the influence. A roadside breathalyser test is not considered evidential but is used to determine whether you should be taken for a further test at a police station or hospital. This sample is the evidential sample and the police will pursue a conviction if you fail to provide one.
Defending Your Case
There are some instances where it may not be possible for you to provide the required sample of breath, blood or urine. Cases have been successfully defended because the defendant has been unable to provide a sample due to physical or mental health issues. A health expert will usually be required to give evidence of your condition in court in order for this claim to prove successful.
Many of the cases defended by driving offences solicitors will be technical in nature and it is vital that you have a skilled motoring solicitor on your side who has a deep and in-depth understanding of these rules and regulations. You should have been warned about the possibility of prosecution if you fail to give the requested sample and this may prove a viable method to successfully defend your case.
Failing To Provide A Specimen Of Breath, Blood, Urine
Failing to provide a sample can carry sizeable penalties that include both financial penalties and the furnishing of your licence with penalty points, a lengthy disqualification, a community penalty or even a prison sentence. None of the sentences are desirable situations and you should instruct a solicitor or legal firm to work on your case as soon as possible if you wish to have the greatest chance of successfully defending the case.
What To Do Now?
We have helped many people who faced road traffic offences in the courts. With our experience, we have helped save driving licences for people who rely on their cars for work and family.
We are experts in our field. We are not judgemental and only want to offer you the best advice and representation when you are facing the courts and a possible disqualification from driving.
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