Failure to Provide a Specimen for analysis:
Many people do not realise (until it’s too late) that it is a serious offence to fail to provide a specimen when required to do so by a police officer, regardless of whether or not you would have been over the drink drive limit. It would be no defence to simply state that you only had one pint, or that you had not consumed any alcohol at all. The consequences of a conviction for failing to provide a specimen for analysis can be severe, with a possible prison sentence of up to six months available as a sentencing option to the Court. Fortunately, there are many valid defences available to this charge. Our specialist failure to provide a specimen solicitors have achieved phenomenal results in this area and have a wealth of knowledge and experience which they are ready to apply to your case.
When to instruct a specialist failure to provide a specimen solicitor? Act now!
In cases involving failure to provide a specimen it is vital that we begin working on your defence immediately. There is often essential material which would assist in winning your case, such as CCTV evidence of your time at the police station, that could be destroyed if you wait too long. Further material such as medical records may also significantly strengthen your case, therefore we must begin working on obtaining these at the earliest possible opportunity.
It is highly likely that your case can be defended. Call our motoring law helpline on 0330 33 22 770 for some free legal advice from one of our expert motoring law solicitors who specialise in failure to provide a specimen offences.
The consequences of a conviction for failing to provide a specimen
Being found guilty of failing to provide a specimen (breath, blood or urine) would result in an automatic ban of at least twelve months and would result in a conviction on your criminal record. It could even result in you being sent to prison.
The simple fact of you failing or refusing to provide a sample of breath, blood or urine is enough for the police to charge you with this offence. It does not however mean that you will be convicted.
How our specialist failure to provide a specimen solicitors can help you
Firstly, when you call our free motoring law helpline on 0330 33 22 770, one of our expert failure to provide a specimen solicitors will discuss the details of your offence, identify any immediate defences, advise you on the law and then explain how we can help you. It is likely that valid defences will be available to you.
Our examination of your case, may lead to the identification of several defences which could result in a not guilty verdict at Court: such as procedural errors, issues with the functionality of the breathalyser machine, or you may have a reasonable excuse – such as a medical or psychological reason for failing to provide. It is still possible to win your case even if you did not even attempt to blow into the machine.
There are many procedural errors which could result in your acquittal. For example, you may not have been warned that it is an offence to fail to provide a specimen, or the officer may not have given you a reasonable opportunity to provide your specimen. If procedural errors such as these and more are established at trial then you could win your case.
Issues with the functionality of the breathalyser machine
Breathalyser machines are exactly that; machines. Like all machines, breath testing devices are not infallible. They suffer from faults, inconsistencies and must be serviced regularly. Their functionality also depends on the manner in which they are operated, or the instructions that were provided to you prior to your use of the machine. Here at Ashworth Motoring Law, our specialist failure to provide a specimen solicitors are able to mount evidential challenges to the functionality of the breathalyser machine that you blew into. Simply put, there are times when it doesn’t matter how many times you blow, the machine is not going to register your breath. A successful challenge to the functionality of the machine could result in you winning your case.
It is possible that you had a reasonable excuse for failing to provide your specimen, whether you attempted to blow into the machine or not. Some form of medical evidence would usually be required to support this, such as an expert report. At Ashworth Motoring Law, we have access to specialist experts who will assess you and determine whether you were suffering from a relevant condition at the time when you were asked to provide your sample. Such conditions could be related to, for example, lung function or your psychological state of mind. If a reasonable excuse is established and accepted in Court then you would win your case.
Pleading Guilty to a failure to provide a specimen offence? Damage limitation
If you have already made up your mind that you wish to plead guilty then there is still a great deal that we can do to help you.
The Court takes all cases involving failure to provide a specimen very seriously, so it is absolutely vital that you obtain expert representation to prepare and present your mitigation. Our specialist involvement could make the difference between being banned from driving or being sent to prison.
The Court will consider any aggravating and mitigating factors in any failure to provide offence. Aggravating factors could include lack of co-operation, children in the car, or being involved in an accident, and would increase the length of ban imposed. The Court can impose very severe penalties if it concludes that you deliberately failed to provide a specimen, particularly if there is evidence that you were impaired at the time. The Courts can and do send people to prison for this offence.
Because the range of sentencing options available to the Court is so wide, it is vital that extensive mitigation work be commenced at the earliest possible opportunity.
Our expert motoring lawyers continue to secure truly outstanding results in failure to provide a specimen cases when putting forward guilty pleas and mitigation. We are proud to say that none of our previous clients have been sent to prison for this, or indeed any other offence.
If you’re considering pleading guilty to failing to provide a specimen and would like to know more about how our guilty plea and mitigation service could give you peace of mind along with an amazing result at Court, then visit our dedicated guilty plea page or call one of specialist failure to provide a specimen solicitors on 0330 33 22 770. Lines are open round the clock, seven days a week, so get in touch whenever’s best for you.
Magistrates’ Sentencing Guidelines for the offence of failure to provide a specimen
The Magistrates’ Sentencing Guidelines for cases involving a failure to provide a specimen for analysis (in relation to all samples; breath, blood and urine) can be found here:
Call our Motoring Law Helpline for some Free Legal Advice relating to your Failure to Provide a Specimen Offence
We are always happy to talk through your options and provide expert advice and guidance which could lead to a not guilty verdict in your case.