Criminal Defence Client
Failing to provide a specimen for drink driving
Being asked to use a breathalyser at the roadside or at the police station can be a nerve-wracking experience.
The police will rarely be willing to wait for a solicitor to attend, and our clients have to make decisions themselves.
You may try to blow, but for a variety of reasons, are unable to register a reading on the machine. You may blow a sample that is over the legal limit. Call GT Stewart on 0113 467 7360 and we will investigate the circumstances of your case thoroughly and look at issues such as:
- Did the police conduct the procedure correctly?
- Did they give you the requirement and warnings as required by statute?
- Is there a medical reason why you couldn’t provide a sample? An independent expert may be able to explain whether you have an underlying medical issue such as asthma which could make it difficult for you to provide a sufficient sample of breath.
- Was the equipment properly calibrated and was it operating correctly?
- Did you eat or drink anything after you stopped driving?
- How long had it been since you drove?
If you fail to provide a specimen of breath, blood or urine you are committing a criminal offence. But there are a number of defences:
The defence of reasonable excuse
The most common defence for failing to provide a specimen is one of a reasonable excuse due to a medical reason. Some examples are:
- Asthma or other respiratory condition (fail to provide breath)
- Anxiety or panic attack (fail to provide breath)
- Needle phobia (fail to provide blood sample)
- Urinary tract infection (fail to provide urine sample)
- Prostate problems (fail to provide urine sample)
We can prepare your defence which will include evidence of a medical condition with the insight of a specialist expert to confirm that your conditions was a direct result of your failing to provide a sample.
Chambers 2025
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GT Stewart has established itself as a leading firm in the UK for criminal law, family & childcare, housing, mental health law, specialising in both private cases and also Legal Aid work.
We pride ourselves on regular referrals from other firms and agencies
We are known for our tenacity when representing those engaged in challenging the State or defending themselves against a prosecution.
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