0345 222 9955 info@kangandco.co.uk

Solicitors for Failing to Provide a Specimen

Our Driving Offences Solicitors have achieved excellent results at defending motoring offences such as Failing to Provide a Specimen. If you are being investigated or prosecuted for Failing to Provide a Specimen, call our specialist Motoring Solicitors on 0345 222 9955 or send us a message via our Contact Page.

Kang & Co Solicitors have a team of leading Driving Offences and Motoring Law Solicitors and are leaders in challenging evidence and avoiding criminal convictions.

Statute

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.

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  

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.

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.

Call our Driving Offence Solicitors on 0345 222 9955 for an initial free consultation about your case or send us a message via the Kang & Co Solicitors Contact Page.

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