If you are stopped by the police and suspected of driving under the influence of alcohol or drugs, the police can ask you to provide a specimen. On the road, this typically means breathing into a breathalyzer machine for a breath sample.
You may be taken to the police station if your breath sample indicates the presence of alcohol or drugs. The police will then ask you to provide a second sample at the police station. This is typically a blood or urine sample to confirm the results of the breathalyzer test.
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Refusal to submit a sample on the road or at the police station is an offence under the Road Traffic Act 1988. The penalties for refusing a breath sample during a road stop are less severe. Those for refusing a sample at the police station are more severe.
If you have refused to provide a specimen during an alleged drink driving or drug driving incident, you may face these penalties. You must immediately consult reliable failing to provide a specimen offence solicitors. A qualified solicitor will help you determine how best to proceed and advise you on the available defences.
Here at the London-based Adam Bernard’s Solicitors, our highly experienced failing to provide a specimen offence solicitors can help you. Contact us today to discuss your case in detail regarding the failing to provide a specimen offence lawyers at our office.
You are required to provide a specimen if the police suspect that you are driving under the influence of alcohol or drugs. Three types of offences require the police to collect a sample from you to confirm excess alcohol or drugs. These include:
The police constable who stops you must first have sufficient reason to suspect you of drink driving or drug driving. The constable can argue that you were driving recklessly, had bloodshot eyes, couldn’t speak properly, had alcoholic beverages visible in your vehicle, and so on. Qualified failing to provide a specimen offence solicitors can sometime cross-examine and question this argument.
The law stipulates that you must provide a specimen when asked by the police. You can only refuse if you have a ‘reasonable excuse’. This term can be broadly interpreted and is explained in further detail below.
If you believe you were unfairly stopped by the police, you can use this as your defence. You may also have another reasonable excuse to refuse to submit a specimen. Get in touch with qualified failing to provide a specimen offence solicitors for legal help and guidance.
The law considers failure to provide a specimen as a serious offence. This offence carries its own set of penalties. The penalties include:
You must note that failure to provide a specimen in a roadside test has comparatively lighter penalties. If you are taken to a police station and refuse to provide a specimen, you face more severe penalties.
If you robustly handle the legal process with the help of qualified failing to provide a specimen offence solicitors, you may be able to plead for reduced penalties.
In addition to these penalties, you must also deal with other long-term consequences if you are convicted. These include the following:
The penalties and long-term consequences of a driving offence conviction can leave a lasting impact on your life. This is why you mustn’t take the charge lightly. You should seek the best defence with the help of experienced failing to provide a specimen offence lawyers.
It is possible to defend yourself in a failing to provide a specimen offence. Here at the London-based Adam Bernard’s Solicitors, we have extensive experience in handling drink driving cases. We carefully evaluate a case from all angles to see if the prosecution has made a mistake.
In all drink driving offences, the police must ensure that due process is followed when making an arrest or requesting a specimen.
If the police failed to follow the due procedure at any time along the process, and this could be proven in a court of law, you can seek a complete dismissal of the charges.
You can also defend your decision of not providing a specimen by citing a ‘reasonable excuse.’ This is typically a medical condition. A reasonable excuse may be:
You can’t simply cite any of these conditions as a ‘reasonable excuse’ and expect the court to accept it. Instead, you will need to have your condition confirmed by a medical expert that is acceptable to the court.
Here at the London-based Adam Bernard’s Solicitors, we understand the significance of a medical expert opinion in a driving offence case. We know the experts that are adept in legal matters, qualified to give their opinion, and can articulate their views in a court of law. Our failing to provide a specimen offence lawyers put you in touch with these experts so that obtaining an expert opinion is not a hassle.
Robust legal representation ensures that you are properly apprised of your situation. You are informed about your options and offered guidance on making the best choices. This enables you to navigate the legal process, appear in court, and defend yourself without being daunted by the charges.
Here at the London-based Adam Bernard’s Solicitors, we aim to ensure that you have an effective defence. Our failing to provide a specimen offence lawyers work with you to find the best course of action.
In some cases, ‘special reasons’ may be cited to seek reduced penalties. For instance, even if you were driving with excess alcohol and refused to submit a specimen, you may plead that you didn’t intend to operate the vehicle, or that it was an emergency and you drove only for a brief distance.
These and other factors may be cited as ‘special reasons’ to request a briefer period of disqualification and lower fines.
In other cases, our motoring offence solicitors focus on a ‘reasonable excuse’ to prove that you refused the specimen for a valid reason.
Get in touch with our motoring offence solicitors today to discuss your case in detail. You can see how we can help you in the preliminary consultation.
Our team of solicitors are experts within this field with years of experience in handling the claims of clients.
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We may be able to take on your case on a no win no fee agreement. This means we will only take payment once we are successful in getting you your compensation.
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