Solicitors for Failing to Provide a Specimen
Kang & Co Solicitors have a team of leading Driving Offences and Motoring Law Solicitors and are leaders in challenging evidence and avoiding criminal convictions.
The offence of Failing to Provide a Specimen for Analysis is contained within Section 7(6) Road Traffic Act 1988
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’.
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.
Our 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 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 in Birmingham, Manchester, London, Leeds, Liverpool, Bristol, Wolverhampton, Nottingham, Sheffield, Derby and Leamington Spa.
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