Failing to Provide a Specimen
Have you been charged with failing to provide a specimen of breath, blood or urine to the police, in relation to a motoring offence investigation?
Are you now facing a potentially serious penalty as a result, putting you at risk of being banned from driving - or even going to prison?
Do you require legal guidance from the UK’s most experienced motoring offence solicitors, in order to help you avoid a conviction that could have a devastating impact on your life?
If so, don’t hesitate - get in touch with the specialist lawyers at MotoringOffences.com today. With more than a century’s combined experience in motoring offence law, we can provide the personalised legal advice you will require to defend yourself against this serious charge.
How Can We Help?
MotoringOffences.com is part of JMW Solicitors, and we have been representing clients since 1978. With more than 100 years of combined experience among the members of our legal team, we are the most experienced motoring offences team in the country.
Our lawyers are accredited with bodies such as Chambers and the Legal 500, and have a strong track record of helping drivers in similar positions to yours to avoid convictions. Examples include:
- helping a client to secure a “not guilty” verdict by showing they had a reasonable excuse for not providing a specimen, related to their phobia of needles, which had been labelled as false by the police officers on the case
- getting a case dismissed after showing that the police officer had failed to retain key evidence, and that the client was not informed about the consequences of failing to provide a specimen, which is a legal requirement
We have dealt with thousands of cases over the years, including countless clients who have been accused of failing to provide a specimen. This experience allows us to provide you with advice and guidance based on the specifics of your case. We will help you by:
- assessing all of the facts of the case and gathering evidence that may help to legally exonerate you
- advising you on the best available line of defence for your case
- representing you in court
We attend courts across England and Wales and can take instructions by phone, email or in writing, making our service convenient and accessible, no matter where you are based.
By calling us on 0345 241 1326, you will get a free initial consultation, during which we will offer a clear picture of the costs involved.
Can I Avoid a Disqualification?
If you are suspected of driving under the influence of drink or drugs, failure to provide the police with a specimen for analysis is treated as an extremely serious offence. Avoiding a disqualification or some other penalty is possible only if you have a reasonable excuse.
Potential defences include:
- Having a physical condition that would pose a risk during the testing process - for example, respiratory conditions like asthma may make a breathalyser test impossible
- A phobia of needles that makes it difficult or traumatic to submit to a blood test
- Having a mental health condition that makes it difficult to go through the testing process, whether due to the defendant’s existing mental state or because of stress caused by the conduct of the police officers
Additionally, you may be able to avoid prosecution for failing to provide a specimen if you can prove that the police did not adhere to the relevant rules and procedures when requesting the sample. Most notably, if the officer did not inform you that failing to provide a specimen is a criminal offence, then you cannot be prosecuted for it.
What Happens if I am Found Guilty?
If you are found guilty of failing to provide a specimen, the penalties can be just as severe as they are for being convicted of drink driving or drug driving. They include:
- an unlimited fine, depending on the circumstances
- a minimum driving ban of 12 months, which could be increased to multiple years if you have a recent history of drink driving or alcohol-related offences
- a prison sentence of up to six months, in the most serious cases
Any of these penalties can have a severe impact on your personal or professional life, with a loss of your driving licence sometimes making it impossible to retain your job. If you have been accused of failing to provide a specimen, it is vital to consult a specialist solicitor straight away to discuss the strongest available defence.
Talk to Us
If you have been charged with failing to provide a specimen and are looking for legal guidance, call our expert solicitors on 0345 241 1326 for a free consultation. You can also complete our online contact form to request a call back.