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FAILING TO PROVIDE A SPECIMEN FOR ANALYSIS SOLICITORS

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FAILING TO PROVIDE A SPECIMEN

Geoffrey Miller Solicitors are specialist Failing To Provide a Specimen for Analysis driving offence cases. Even if you are tee total and never drink alcohol, without expert legal representation you could be convicted of the drink driving related offence of failing to provide a specimen to the police.

If you fail a roadside breath test or you are simply unable to provide a complete sample, you will be taken for further testing at the police station or at hospital and required to cooperate in providing a further breath test, urine sample or blood sample.

It is the sample taken at the police station that would be used as evidence against you in court and is called the “evidential” sample. If you fail to provide an “evidential sample”, whether you were over the alcohol limit or not, you can be prosecuted for failing to provide a specimen to the police and convicted of this serious offence unless the court finds that you had a ‘reasonable excuse’ for your failing to provide a specimen.

Our drink driving solicitors and drug driving solicitors have extensive knowledge of the detailed technical laws related to failing to provide a specimen and can advise you of whether a ‘reasonable excuse’ may arise in your case.

It is also necessary that any person prosecuted for this offence was given an appropriate warning about the possibility of prosecution prior to the sample being required.

From 1st January 2015 until 20th December 2018

  • We WON 89% of our Failing To Provide A Specimen cases!†

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†Figures include successful appeals and exclude cases lost that are the subject of appeal as at 20th December 2018.

Pleading Guilty to a Failing to Provide a Specimen Offence

If you have already decided that you wish to plead guilty then Geoffrey Miller Solicitors offer a cost effective fixed fee “damage limitation” service for pleading guilty to failing to provide a specimen cases.

Before you make this potentially life changing decision, you should know that the penalties for failing to provide a specimen offences can be far reaching. Please take a look at our penalty calculator for more specific details of the penalty you could be facing for a failure to provide a specimen conviction. The penalty could be partially based on the level of your incomplete breath reading along with other factors and in particular whether you have a previous conviction for an excess alcohol offence within the last 10 years.

Whilst many people understand that the minimum penalty for failing to provide a specimen is a 12 month ban (or 3 years ban for a repeat drink driving offender) many drivers do not realise how a failing to provide a specimen conviction can also mean:

  • The loss of your job
  • A massive increase in insurance premiums when you are able to drive again (see our money saving calculator)
  • The possibility of undergoing medical examinations before you can drive again
  • Attendance on a drink driver’s rehabilitation course
  • A possible prison sentence, although this is reserved for repeat drink driving offenders or those who have been found to be several times over the drink driving limit
  • Visa restrictions particularly in terms of entry to the USA and Australia
  • A criminal record with the conviction for failing to provide a specimen remaining on your driving license for 11 years. If you are a professional (doctor/accountant/solicitor) you will most likely have to report the conviction to your regulatory body.

Pleading guilty is not your only option so please keep reading the other details on this page. Or call Freephone 0800 1389 123 to discuss your options free of charge with one of our expert drink driving solicitors. Our phones are manned 24 hours real lawyers (not in a call centre) all of whom are experts in the field of motoring law.

Pleading Not Guilty to a failing to provide a specimen offence

Much of the crucial police evidence in your failing to provide a specimen case could be destroyed fairly soon after your original arrest if a specific request for it to be preserved is not made immediately. If you know that you wish to challenge the failing to provide a specimen prosecution, it is essential that you contact a Solicitor at Geoffrey Miller Solicitors at the earliest opportunity, preferably well in advance of your first court hearing.

Our Solicitors will want to set to work straight away on preparing your defence. This may involve contacting witnesses, viewing CCTV, requesting inspection facilities of the machine that you gave your reading on (many of which are horrifically unreliable) instructing drink driving toxicologist experts; forensic medical examiners… the list goes on. We won’t know exactly what work (and cost) is going to be involved in your case until you make contact with us so please call us now on Freephone 0800 1389 123. Our team of specialist drink driving lawyers will be glad to discuss your options free of charge. Our phones are manned throughout the day and night by real lawyers (not in a call centre) all of whom are experts in the field of driving offences.

If you defend a failing to provide a specimen prosecution you will be allowed to continue to drive and your licence would only be affected by a ban if you are convicted. At Geoffrey Miller Solicitors our statistics show that the chances of you avoiding a ban are extremely high as we win majority of the failure to provide a specimen cases we defend.

Not Sure What to Do If You Failed To Provide a Specimen for Analysis?

If you have spoken to other motoring solicitors before us, you may have been advised that there is nothing that can be done to help you with your drink driving offence. This advice is often given because the solicitor who dispensed the advice is not a true expert in failing to provide a specimen law and in their limited knowledge of drink driving cases, there is nothing that can be done. If your GP told you that you had a brain tumour and there was nothing to be done to help you would you leave to at that? Of course not! You would most likely seek a second opinion from a brain surgeon.

Geoffrey Miller Solicitors are the brain surgeons of drink driving law in the UK! Call us now to see how we can save you from the extreme hardship a failing to provide a specimen conviction can cause.

Most people who get in touch with us are uncertain of their options. They are unaware of any defences that may be available and find it difficult to believe that it might be possible to defend the failing to provide a specimen charge. You may find the possibility of having to plead guilty inconceivable because you simply don’t know how you will manage without your driving licence. You may find it equally difficult to grasp the possibility of defending the failing to provide a specimen charge.

In the majority of cases we are unable to tell you if you have a case worth defending until we can look into the specifics of your case in more depth. We offer a priority investigative option to all clients facing drink driving related offences which means that if you are unsure if you have a defence or if you have been told by another solicitor that you have no defence but we think otherwise, our team of drink driving solicitors will consider the evidence in your case and take a full statement from you. They will then provide you with their opinion and the merits in defending the case or pleading guilty. As we can conduct this option for a relatively low fixed fee it means that you are not committed to spending significant fees in order to establish if there is any way of defending the offence. Take a look at our case study and testimonial of a client who transferred to Geoffrey Miller Solicitors after becoming unhappy with his supposed expert drink driving solicitors.

If you would prefer to call us rather than trawl through the pages on our website, we are always more than happy to chat things through with potential clients FREE OF CHARGE. It is only once you decide to instruct us that payment will become necessary and we can often arrange instalment plans to assist you. Many satisfied clients have thanked us for offering this consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting punishment unnecessarily.

Penalty for Failing to Provide A Specimen

The most serious offence carries 6 months imprisonment, compulsory minimum ban of 12 months or 36 months if previous offence up to 10 years before, and an unlimited fine. To deter people with high readings refusing to provide a specimen, guidance suggests that penalties for this offence should start at a ban of 24 months rather than the statutory minimum.

Failing to provide a roadside breath test is a discretionary ban or 4 points, and a fine of up to £1000.

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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.

Geoffrey Miller Solicitors is a trading name of Jeanette Miller Law Limited, a Limited Company Registered in England and Wales. Company No: 8214795.
Registered Office: Riverside House Kings Reach Business Park, Yew Street, Stockport, United Kingdom, SK4 2HD.
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