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Fail to Provide a Specimen of ...

Fail to Provide a Specimen of Breath (suspicion drink driving)

At Christmas police have campaigns to discourage drink driving.  You will also find more police officers out and about stopping vehicles and breathalysing drivers.

If you are stopped for suspected drink driving, you will provide an initial sample of breath.  If this is positive, you will be arrested for drink driving ande taken to a police station.

At the police station you will be asked to provide a specimen of breath. If you fail to, or refuse to you will then be charged with an offence of failing to provide a specimen.

What if you have a valid reason for not giving a sample ?  A person might have a medical condition which prevents them from giving a sample.  Any potential defences need to be explored before a plea is entered.  At Levins, we have expert staff who can advise you on the law.

This offence is treated very seriously by the courts.  The reason for that is there is a presumption that you have failed to provide a sample as you had been drinking alcohol and knew you would be over the limit.

At court, if convicted,  you will face a penalty.  You will also face a disqualification from driving. The court have no discretion as to whether to disqualify you. If you are convicted of failing to provide a specimen the starting point is disqualification for a minimum of 12 months.  This is often higher and the court has a discretion as to the length of the disqualification dependent upon the circumstances.

We are often asked how can I keep my licence or reduce the ban? You may well have a special reasons argument not to disqualify.  This would need to be considered in detail by a solicitor and advice given.  If you don’t have a special reasons argument our role is to advance mitigation on your behalf to persuade the Magistrates to keep the disqualification to a minimum.  This mitigation could be about your personal circumstances including taking a child to school, needing a vehicle for work or looking after an elderly relative.  We would discuss all of this in detail with you.

If you face a charge of failing to provide please contact our expert team at Levins.  We will provide you with a free initial telephone advice with an expert solicitor.  We will assess if you are eligible for legal aid.  If you are not, we offer a fixed fee private motoring service.Contact : 07398169441 or email motorlaw@levinslaw.co.uk

 

 

 

 

 

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