Failing to Provide a Specimen

 

Failing to provide a specimen is seen by the courts as an extremely serious offence and is treated almost as severely as drink driving.

At YSG, our motoring experts can help build a solid defence for you that significantly increases the likelihood of your punishment being reduced, or even dropped.

To get in touch with our experienced motoring solicitors, call us on 03333 446440 or complete our online enquiry form.

How Can YSG Help if You've Failed to Provide a Specimen?

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:

  • 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.
  • Police behaviour - Failure in the testing 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.
  • Mitigating circumstances - Like in drink driving cases, a number of mitigating circumstances may be applicable.

Contact Us Today for Legal Advice on Failing to Provide a Specimen Charges

For more information and legal advice on failing to provide  and to get your defence off to the best possible start, call us today on 03333 446440 or complete our online enquiry form.