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What is the Law in Regards to Failing to Provide A Specimen for Analysis?
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.
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Reasonable Excuse
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.
Sentencing Powers
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.
AGREED FEE DRIVING OFFENCE LAWYERS
Our Agreed Fees for Motoring Offence cases with a specialist Driving Offence Solicitor start from;
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Recent Motoring Offence Cases
Exceptional Hardship:
Successful Application
We were instructed by Mr Machin to represent him at court for a exceptional hardship application to avoid a driving ban from a totting-up of points.
Failing to Provide A Specimen:
CPS Discontinue Prosecution
Mrs Jones was being charged with “Failing to Provide a Specimen for Analysis” and was summonsed to attend Cannock Magistrates’ Court.
Drink Driving:
Minimum Ban Imposed
Mr Singh appointed Kang & Co Solicitors to represent him at his sentence hearing and to mitigate on his behalf after he was charged with drink driving
Our Specialist Motoring Law Solicitors
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 specialist motoroing solicitor or legal professional to identify weaknesses in the prosecution case and whether a defence is available.
Kang & Co Solicitors have expert motoring law solicitors, paralegals and barristers with considerable experience in advising and / or 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.
Call our Driving Offence Solicitors on 0345 222 9955 for an initial no obligation assessment about your case or send us a message via the enquiry form.
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