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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 020 8299 600 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.

Call GT Stewart on 020 8299 600 and speak to a member of our specialist motoring law team or use our online enquiry form.

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