Being asked to use a breathalyser at the roadside or at the police station can be a nerve-wracking experience.
Failing to Provide a Specimen for Drink Driving
The police will rarely be willing to wait for a solicitor to attend, and our clients have to make decisions themselves.
Expert Motoring Offences Solicitors
At GT Stewart Solicitors & Advocates, we understand that being charged with a motoring offence can be stressful, disruptive, and carry serious consequences. From speeding and driving without insurance to more serious allegations such as dangerous driving or driving under the influence, our specialist motoring offences team provides expert advice and representation at every stage of the process.
We guide our clients through police investigations, court proceedings, and potential licence or penalty issues, ensuring that all legal options are carefully considered. Our approach combines practical solutions with a strategic focus on protecting your driving record, liberty, and future.
Whether you are facing a single motoring charge or complex, multiple allegations, our solicitors act quickly to provide clear advice, robust representation, and support tailored to your circumstances.
Experienced Motoring Offences Lawyers
Our specialist motoring offences team has extensive experience representing clients facing a wide range of road traffic matters, from speeding, careless or dangerous driving, to more serious allegations such as driving under the influence or driving without insurance. We provide clear advice and representation at every stage, including police investigations, court proceedings, and licence-related matters.
We can help dramatically improve your chances of being found not guilty or avoiding disqualification. Email GT Stewart at roadtraffic@gtstewart.co.uk to speak with a member of our specialist motoring law team, or use our online enquiry form. We will respond at a time and date convenient to you, ensuring that you receive prompt, personalised advice tailored to your case.
Failing to Provide a Specimen for Drink Driving
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. Contact GT Stewart at roadtraffic@gtstewart.co.uk 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.
Our Services
At GT Stewart Solicitors, our specialist motoring offences team provides clear, practical advice across the full range of road traffic matters. Whether you are facing a speeding allegation, a drink or drug driving charge, or a more serious offence such as dangerous driving, early legal advice can make a significant difference to the outcome of your case.
We understand that for many clients, their driving licence is essential for work, family responsibilities, and day-to-day life. Allegations can carry penalty points, fines, disqualification, or even imprisonment. Our experienced lawyers will assess the evidence, advise you on your options, and build a strong defence where appropriate.
Below you will find guidance on the most common motoring offences we deal with, together with practical information about the legal process and how we can help protect your licence and your livelihood.
Click below to read detailed advice on each motoring offence.
Parking Fines and Offences
Why Choose GT Stewart?
“We will do all the law permits to keep you on the road”
GT Stewart have a proven track record of success with defending driving offences and know exactly how to prepare an effective defence in order to give you the best chance of winning your case.
Our Expert Lawyers are ready to Help
GT Stewart has established itself as a leading firm in the UK, specialising in both private cases and also Legal Aid work.
Meet some of our Motoring Offences team
Speak to one of our Motoring Offences Solicitors
Our Tenacity Results in Success
GT Stewart Solicitors has secured the dismissal of a Crown Court theft prosecution following a successful application to dismiss based on detailed written legal submissions and oral advocacy challenging whether the prosecution could prove dishonesty and an intention permanently to deprive. Our client, JS, faced a single allegation of theft arising from an unusual incident involving a Traffic Enforcement Officer. The prosecution alleged that JS had committed a theft after taking a mobile phone from the officer during a heated exchange relating to the issue of a parking ticket. The entirety of the incident was captured on body-worn video footage.
By | Oct 28, 2026
We represented a client who appeared before Canterbury Crown Court for his role in the cross-border importation of more than 20 kilograms of high-purity cocaine. Despite the prosecution seeking a substantial increase on the sentencing guideline starting point, the court ultimately imposed a sentence of 6 years and 8 months' imprisonment, significantly below the sentence sought by the prosecution.
By | Oct 22, 2026
Our client was accused of breaching a non molestation order on two separate occasions and using threatening words of behaviour.
By | Oct 02, 2026
Client Testimonials
"I cannot thank Phoebe and Katherine enough for the support, professionalism and understanding they have shown me. They have both been incredibly approachable, helpful and reassuring throughout what has been a difficult and stressful time.I have truly appreciated the time, care and attention they have given me. They have always made me feel listened to, understood and supported. Their kindness, compassion and professionalism have made a real difference, and I am extremely grateful for everything they have done for me.I would wholeheartedly recommend Phoebe and Katherine to anyone looking for a solicitor or barrister who genuinely cares about the people they represent.Thank you both, Phoebe and Katherine, for all your hard work, dedication and support. It has meant more than you know!"
"A special thanks to Mr. Edward Caute, who stepped in as my defense lawyer at the eleventh hour. His ability to quickly understand the matter, provide honest and realistic advice, and clearly explain the likely outcomes ahead of time was exceptional.Mr. Caute is a seasoned, highly skilled, and excellent lawyer whose expertise and professionalism were evident from our first interaction. His calm approach, sound judgment, and unwavering support made a significant difference during a stressful period.Thank you all once again for your outstanding assistance and support"
"Absolutely brilliant solicitor. Handled my case with 100% professionalism, was in contact with me prior to and throughout the case right to the end. Completely made me feel at ease throughout the whole traumatic ordeal. Thank you so very much Myrna."
"Fiona is an amazing calming person with so much empathy understanding and kindness"
"Ruta & Alex - Discontinued my case before it went to court.They have both been so efficient from the start, taking the time to understand the situation and the case. Together they got everything they needed to together to get the CPS to drop the case before court. Great criminal defence solicitors.Thank you both so much for getting my life back again!"