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JR Jones Solicitors Birmingham
solicitors Birmingham

Failure to provide a specimen

If you fail to provide a specimen, either at the roadside or at a Police station, you can be charged with the offence of ‘failure to provide a specimen’.

Some people may decide not to provide a specimen to contact usPolice by refusing a breathalyser test at the roadside. In other cases people find that they are unable to provide a specimen and may be subsequently charged with committing an offence by the Police.

At J R Jones we have a great deal of experience in defending all types of motoring offences.

If you are charged with any ‘failure to provide a specimen’, we aim to achieve the most favourable outcome possible for you. In some cases this may be an acquittal of the charges, in other cases it may mean minimising the sentence imposed by the Courts.

Sentences for failure to provide a specimen are now broadly similar to those for drink driving. The minimum disqualification for drink driving is 12 months.

Failure to provide a specimen – possible defences

In some cases there may be a reason why you are unable to provide a specimen to the Police. This could be a medical reason which prevents you from carrying out a breathalyser test or a reason why you cannot give blood or urine at the Police station.

In other cases a defence may be based on incorrect procedure being followed by the Police, either at the roadside or at the Police station. An example of this would be failure by the Police to give you the correct warning that failure to provide a specimen could result in criminal prosecution. Failure to follow the correct procedure may result in the refusal to provide a specimen being lawful.

Do I require a solicitor for a motoring offence?

Some people choose to represent themselves in Court to try and save money on legal fees. This is almost always a mistake. The Courts have heard every excuse that exists for motoring offences and will not be impressed by someone with little or no understanding of the law trying to defend themselves.

A specialist motoring offences solicitor with knowledge and experience of the law will offer you the best chance of achieving a favourable outcome in your case.

Contact us to speak to one of our solicitors who will assess your case and advise you on a possible defence.