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Failing to Provide a Specimen
If you are stopped in your car by the police and are unable to provide a specimen of blood or urine, the consequences can be very serious and it is important you seek expert legal help. The team at JMW is highly experienced in helping people facing such allegations to build a strong defence to increase the likelihood of any punishment being reduced or even dropped.
Failing to provide a specimen is seen by the courts as an extremely serious offence and is treated almost as severely as drink driving.
The law regarding failing to provide a specimen - of breath after being stopped by police at the roadside, or breath or blood later on at the police station - means that a driver can be accused of the offence if they refuse a police officer's request to do so without a reasonable excuse.
If you've been accused of failing to provide a specimen, our experts will be able to assist you in contesting the charges.
There are a number of reasons that constitute a reasonable excuse in the eyes of the courts and could therefore help to reduce or remove your penalty. These include:
A medical condition
A reasonable excuse could be a medical condition suffered by the driver, although this would have to be backed up with expert evidence.
A mental health condition
This may be a pre-existing condition, or one brought about by the circumstances of the situation.
Failure in the testing of equipment or following proper procedures by the police may also mean the case will not go to court or can be contested. Equally, the police must, after asking someone to take a test, explain that failure to do so may lead to prosecution. If this warning is not given, the driver will not have committed an offence.
A phobia of needles
If a blood test is requested by police, a reasonable excuse for not complying could be a genuine phobia of needles.
Similar to drink driving cases, a number of mitigating circumstances may be applicable.
If you are found guilty of failing to provide a specimen, your punishment can vary depending on the circumstances. It can include a fine of up to £5,000 and a minimum driving ban of 12 months, although if you have been convicted of a drink driving or alcohol-related offence in the last ten years, the minimum driving ban increases to three years.
In the most serious of cases involving a failure to provide a sample, you could be facing a prison sentence of up to six months. Given the significant penalties for an offence that may not seem all that serious at first, it is imperative you are able to access expert legal help to make sure you are not punished unnecessarily.
The specialist motoring solicitors at JMW can provide the expert guidance you need to ensure you are in the best possible position to contest a failure to provide a specimen charge. We are highly experienced in cases of this type and will explore every possible defence to help you secure the outcome you are after.
We are known for our professional and proactive approach and will support you from the start of any proceedings through to the finish.
For more information and legal advice on failing to provide a specimen and to get your defence off to the best possible start, contact JMW today. Do so by either calling us on 0800 804 8159 or by completing our online enquiry form, which will enable us to give you a call back at a convenient time.
Partner and Head of Department
Business Crime, Regulation & Driving Offences