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.