Expert Drink Driving Solicitors London
Failing to Provide
a Specimen for Analysis
FAILING TO PROVIDE
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If you face an allegation of failing to provide we urge you to contact us as soon as possible to discuss the options available to you.
Offences of failing to provide are treated in a similar way to that of drink or drug driving and the penalties can be as equally severe. It does not matter what type of sample you failed to provide (breath, blood or urine) or the original reason why the officer stopped you. It does also not matter whether you had actually consumed any drugs or alcohol as the primary focus of the court is the reason why you did not comply with a legal requirement made of you.
Many of our clients refuse to give a specimen (and therefore “fail” to provide) as a matter of principle. If they hadn’t consumed any alcohol or taken any drugs it is understandable to feel victimised when stopped by the police for seemingly no reason. Others have genuinely tried to provide but been unable to do so and there are some who failed as a direct result of how the officers explained the process to them.
Seeking advice early can have a significant impact upon your chances of success at trial if you decide to defend the matter. Should you wish to plead guilty, we can help you minimise the penalty.
If found guilty of failing to provide, or you decide to plead guilty the starting point for sentence is a minimum 12-month disqualification from driving plus an unlimited fine. In more serious cases the duration of the ban can be significantly longer and you may be at risk of a prison sentence. Convictions for failing to provide result in far-reaching consequences that many do not immediately consider such as restrictions on future employment, travel to certain counties and the cost of motor insurance in the years following conviction. If any aspect of this penalty will have a significant impact on your life then we strongly recommend taking advantage of our free advice service to see if there is anything we can do to help
Testimonials
Customer Testimonials
Rhys
10/10 Service!! I had a drug driving case (cannabis) and was looking at a minimum of a 3 year ban. Neil and Richard were brilliant and picked up on cr...
David
I sought Neil Sargeant’s help with an appeal against a drink driving conviction after reading excellent reviews and success statistics online – how ac...
Harriet
Spoke to Gillian who was lovely, understood my work schedule and didn’t give up on me. Court put my charges up from drink driving to unfit to drive but Gillian kept me reassured.
James
Gillian and the team were spectacular in understanding the circumstances we as a family had found ourself in and gave us great advice, constant support and clear information.
What makes Motoring Defence Solicitors different from the rest?
Being charged with an offence can be a frightening experience but a lawyer can help you. Finding the right representative can be a daunting process but we believe our success rate speaks for itself. We have a proven track record and our success is due to expert knowledge and over 30 years of experience. We will examine every aspect of your case and provide you with clear, uncomplicated advice.
No firm can ever guarantee a specific outcome. What we can guarantee is where there is a way to defend your case, we will identify it when the evidence becomes available to us. As part of this process we will scrutinise the case against you and look specifically at:
01 - Police Procedure
The process is very strict and the police often (rather alarmingly) make mistakes.
02 - How the Evidence was Obtained From You.
Whether it was breath, blood or urine is a hugely significant detail. Depending on the sample we will examine:
- The breathalyser device you were tested on (which are prone to fault like every other piece of electrical equipment
- How you provided your blood/urine sample
- How the sample was stored/analysed
03 - The Strength of the Evidence Against You.
The Prosecution must convince the court that you are guilty beyond reasonable doubt. We know that defendants often plead guilty before seeking advice, possibly because of negative advice at the police station. The evidence against you must be strong enough to prove that you are guilty.
04 - Prosecution Procedure.
The Prosecution has obligations that they must satisfy when preparing a case and we often see instances where they fail to do this. It is one of your fundamental legal rights to a fair trial and we have successfully argued that the failings of the Prosecution prevent you from enjoying this right. This can often lead to the case being dismissed.
05 - Whether Special Reasons apply
Special reasons can apply to a variety of different cases and circumstances. You can read more about that by clicking here.
A non-motor law specialist may advise you to plead guilty. Therefore, we would strongly recommend that you contact us to get the most accurate advice.
Motoring Defence Solicitors are specialists in cases of failing to provide and we can give free and comprehensive advice about the options available to you. Our aim is to enable you to make an informed decision about your case so please feel free to contact us.
Reasonable Excuse for Failing to Provide
Allegations of failing to provide a specimen are often complex as there is no predefined criteria as to what can amount to a “reasonable excuse” for that failure. There are several aspects of the legislation are open to interpretation and argument. You might assume you have no “reasonable excuse” but we encourage you to contact us for an informal chat so we can explain the specifics of your case in detail. This will ensure you have all the information necessary to make a decision about what to do.
Many motorists who have failed to provide assume that they have to plead guilty but as motor defence specialists we have an outstanding success rate of securing our clients’ acquittals. The vast majority of our clients walk away from court with their licence intact and without a criminal record.
At Motoring Defence Solicitors we want you to be confident with your representative so are happy to discuss your case in detail before you commit to any course of action band before having to pay any fees. In addition to our free advice service, there is a wealth of information available on this site which may answer many of your questions and show that we can genuinely can help you with your case.
Failing to provide a specimen
Frequently Asked Questions
What happens if you fail to provide?
Where a person is lawfully required to provide an evidential specimen of breath, blood or urine, failing to do so, without reasonable excuse, may render you liable to prosecution. Having been charged with failing to provide an evidential specimen, you will appear at a local magistrates’ court where the charge must be answered by pleading guilty or not guilty.
Can you go to jail for failing to provide specimen?
Yes, you can go to prison for failing to provide an evidential specimen. The range of sentencing available to the magistrates includes a financial penalty, a community order and up to 6 months imprisonment. To clarify, this charge refers to a specimen obtained at a police station or hospital. It does not include a roadside breath test.
What is a reasonable excuse for failing to provide a specimen?
As the offence of failing to provide a specimen is only made out where a person fails or refuses without reasonable excuse, it is important to clarify what constitutes a reasonable excuse. It usually relates to a medical reason, for example, where a person suffers from a chronic lung condition like COPD, they would find it impossible to satisfy the evidential breath testing device which requires a high volume of breath to be exhaled for specimens of breath to register.
What is the penalty for failing to provide a breath specimen?
The sentencing bench takes into consideration the antecedent history of a defendant, the circumstances of the incident and the evidence presented to them, before making their decision. Penalties include unlimited fines, community orders, and custodial sentences (immediate or suspended), coupled with a minimum mandatory disqualification of 12 months. Whereas the starting point for a first offence of drink driving in the lowest band would generally attract a 12-month disqualification, the guidance for disqualification for failing to provide an evidential specimen, is more onerous. The sentencing guidelines indicate a starting point of 2 years’ disqualification for this offence, as there is no reading in breath, blood, or urine, to rely upon.
What is a DR30 conviction and how long does it stay on your licence?
A DR30 endorsement relates to an offence of failing to provide a specimen of urine. This will remain on your UK driving licence for 11 years. Incidentally, an offence of failing to provide a specimen of urine will show on a Police National Computer check until you reach the age of 100.
Will I definitely be disqualified?
Unfortunately the court’s hands are tied to an extent when it comes to sentencing and if you plead guilty or are found guilty of failing to provide then they have no discretion and must impose a disqualification of at least 12 months. The main ways you can avoid a disqualification is via successfully defending your case (which is what we specialise in at Motoring Defence Solicitors) or if special reasons apply.
How long will the disqualification be on my licence?
For legal purposes, the disqualification is relevant for 10 years. What we mean by this is that if you commit another offence of a similar nature within a 10 year period it has the effect of automatically increasing the minimum term of disqualification from 12 months to 3 years. A conviction of this nature is classed as a criminal conviction and will mean you have a criminal record. Who has access to this record depends on the level of access they have when making enquiries.
I was charged with failing to provide a specimen in Scotland, can you represent me?
Unfortunately the short answer is no. The law in Scotland is slightly different to that in England and Wales and we would recommend speaking to a specialist based in Scotland.
I did not drink alcohol or take any drugs on the night in question. The officer targeted me for no reason. Is this a defence?
The officer must have reasonable suspicion of you having committed an offence for the arrest (and subsequently anything following that arrest) to be lawful. The roadside procedure is an aspect we scrutinise but it is largely irrelevant whether you actually consumed alcohol or taken any drugs when it comes to the arrest. What is important in a case like this is the reason why the officer arrested you, whether it is credible and then the specific reason why you failed to give a specimen when required to do so at the police station.
I wasn’t driving the vehicle at the time?
“Driving” is not a key element to this offence in the same way that it is for drink or drug driving allegation so that in itself would not amount to a defence. What would need to be scrutinised however is the officer’s reasons for his suspicion of you having committed an offence, what offence he suspected and whether requiring a specimen from you was lawful under the circumstances. Without knowing the details it is difficult to say for certain however in many cases the officer will claim they suspected you of being “drunk whilst in charge” of a vehicle.