Failing to provide a drink driving specimen is one of the most common enquiries we get. Normally it relates to failing to provide a breath test. This is a serious offence and the court have to disqualify you for a minimum of 12 months if you are found guilty.
There are a number of reasons why you may not have been able to provide a specimen. Being arrested and taken to the police station is extremely stressful, this can make it more difficult to provide a sample. You may have a medical condition that gets worse under stress, you may even have a medical condition that you are not aware of.
It is a defence to show that there was a reasonable excuse for not being able to provide a sample. Reasonable excuse is normally a medical ground but it does not have to be.Medical evidence is normally needed if you are raising medical grounds but it is not essential that you have medical evidence.
A common medical defence we use is stress and anxiety, although it is not easy the courts do accept that someone who has a history of stress and anxiety may have difficulties when trying to provide a breath test. We have successfully run this defence on a number of occasions.
I approached Forrest Williams because I had been charged with failing to provide a specimen of breath. I was extremely nervous in the police station because I knew if I lost my licence I would lose everything. My legal team went through my case, they watched the video of the breathaliser and analysed my medical records. I had suffered from stress a long time ago and tried to manage it myself, although I hadn’t seen a doctor for a number of years my solicitor was able to show the court that I genuinely tried to provide a sample. The court found me not guilty on the basis that I had medical grounds, namely stress, not to provide a specimen.
If you have been asked to give a blood test and were unable to because of a fear of needles that is a valid defence, we have successfully argued this often.
Other grounds for not providing a breath sample relate to medical issues such as asthma, chest infection, a cold etc. Essentially if you have a good reason for not providing a sample then you may have a defence. We will give you an honest assessment of how strong your case is.
If you have been charged with failing to provide a specimen despite trying your best then you may have a defence, call us on 01623 397200 for a free initial assessment of your case.
