In this “Quick Guide” we will take you through the law, the penalties and the defence for the offence of Failing to Provide a Specimen for Analysis in England & Wales.
The offence of Failing to Provide a Specimen for Analysis is contained within Section 7(6) Road Traffic Act 1988. A person who, without reasonable excuse, fails to provide a specimen when required to do so is guilty of this offence.
What are the penalties for Failing to Provide A Specimen?
- A Driving Ban between 12 and 36 months
- If you have a previous conviction of Drink Driving or Failing to Provide a Specimen within the last 10 years, the Court will impose a disqualification between 36 and 60 months
- A Prison Sentence of up to 6 months
- A fine of an unlimited amount
- A Community Order
Sentencing Guidelines for Failing to Provide A Specimen
Level of Seriousness
Disqual. 2nd offence in 10 years
Note: When considering the guidance regarding the length of disqualification in the case of a second offence, the period to be imposed in any individual case will depend on an assessment of all the relevant circumstances, including the length of time since the earlier ban was imposed and the gravity of the current offence but disqualification must be for at least three years.
When will I require legal representation?
As failing to provide a specimen is a serious motoring offence, a person charged with this offence would always benefit from expert legal advice and representation, especially as the Court can impose a lengthy driving ban and a prison sentence.
Expert legal advice will firstly establish the correct route the case should take (guilty or not guilty) and qualified representation at Court will enhance the chances of attaining a favourable outcome at Court.
Things our solicitors look out for in Failing to Provide A Specimen cases
- Errors in the Prosecution Evidence
- Whether the correct procedures were followed by the Police
- Weaknesses in the Prosecution case
- Whether you were provided with an adequate opportunity to provide a specimen
- Whether you have a ‘Reasonable Excuse’ for not providing
- Whether you have a viable defence
- Whether there is a right risk of receiving a prison sentence
Do you require a solicitor for Failing to Provide a Specimen for Analysis?
If you have just read our quick guide to Failing to Provide a Specimen for Analysis then you should have an idea by now whether you require legal representation for this offence. If you feel you do require legal advice and representation please not hesitate to contact us by calling 0345 222 9955 or by filling out our contact form.
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