Our specialist Driving Offences Solicitors have achieved excellent results at defending clients for the offence of Failing to Provide a Specimen for Analysis. If you are currently being investigated or prosecuted for Failing to Provide a Specimen, it is important you seek early legal advice and representation. Contact our motoring solicitors on 0345 222 9955 for an initial conversation and fixed fee quotation.
What is the Law in Regards to Failing to Provide A Specimen for Analysis?
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.
Failing to Provide a Specimen for Analysis
A person can be lawfully required to provide a specimen of blood, breath or urine during a Police investigation to determine whether that person has committed an offence under Section 4 or Section 5 of the Road Traffic Act 1988 (Drink Driving / Drunk in Charge)
The offence of Failing to Provide a Specimen for Analysis is committed if that person, without reasonable excuse, fails to provide a specimen when required to do so in accordance with Section 7 Road Traffic Act 1988.
This offence is only committed if a person fails or refuses ‘without reasonable excuse’. If a person is being prosecuted for Failing to Provide a Specimen, there could be a defence of ‘Reasonable Excuse’.
If this defence is raised by, it is for the prosecution to disprove the ‘reasonable excuse’.
Venue – Where a trial would take place?
The offence of Failing to Provide a Specimen for Analysis is only triable summarily, this means that a trial could only take place in the Magistrates’ Court.
If a person pleads guilty to this driving offence or is found guilty following a trial, the Magistrates’ Court must disqualify for a minimum of 12 months and has the power to impose a custodial sentence (prison) for up to 6 months. In addition to the custodial sentence, the court has the power to impose a fine of an unlimited amount and a driving disqualification of up to 36 months on a first-time offender.
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.
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Our Agreed Fees for Motoring Offence cases with a specialist Driving Offence Solicitor start from;
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The offence of Failing to Provide a Specimen for Analysis could potentially result in a prison sentence, will result in a driving ban and a substantial court fine. A charge of failing to provide a specimen should be taken very seriously and expert legal advice should be sought as soon as possible.
In preparing a case for failing to provide a specimen, each aspect of the evidence should be considered by an expert motoring law solicitor to identify weaknesses in the prosecution case and whether a defence is available.
Kang & Co Solicitors have expert motoring law solicitors and barristers with considerable experience in defending cases of failing to provide a specimen for analysis throughout the country.
We represent clients for failing to provide a specimen for analysis nationwide from our offices in Birmingham, London and Milton Keynes.
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Kang & Co Solicitors truly specialist solicitors and barristers are experts at defending clients who have been charged with a driving offence or are facing potential punishment.
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