Failing to Provide a Specimen
Failing to provide a specimen.
Specialist defence.
Treated almost as seriously as drink driving itself. A mandatory 12-month ban follows conviction in most cases — and the technical issues that determine guilt are often missed.
At a glance
s.7 RTA 1988The legal framework
The headline reference for this service is s.7 RTA 1988. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.
The issues I examine
Clarity first.
Then light at the end of the tunnel
These cases are won and lost on what was said, what was offered and whether the requirement was lawfully made.
- Reasonable excuse
- A genuine physical or mental condition preventing you from providing can amount to a defence, but it must be supported by evidence.
- The lawfulness of the requirement
- The officer must have been entitled to require a specimen, and must have made the requirement properly.
- The statutory warning
- You must have been warned that failure to provide may render you liable to prosecution. Whether that warning was given and understood is a live issue.
- Whether there was in fact a failure
- Genuine attempts to provide, or a device that did not register, are not the same as a refusal.
- Medical evidence
- Respiratory conditions, anxiety states and needle phobia have all featured in successful arguments where properly evidenced.
- Driving or in charge
- The penalty differs sharply between the two. Which applies is a matter the prosecution must prove.
Sentencing and possible outcomes
The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.
| Potential outcome | What this means |
|---|---|
| 12-month minimum ban | Where driving is alleged |
| Up to 6 months’ custody | Most serious cases |
| DR31 endorsement | Remains on the licence for 11 years |
What to share with me
- Any notice, letter or charge paperwork you have received
- The dates and location of any hearing or interview
- Your account of what happened and any supporting documents
- Photographs, messages, receipts, witness details or other material that may support your account
- Details of your driving record and how a conviction or disqualification would affect other people
- Your main concerns and the questions you want answered
Personal representation
When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.
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You don’t need all the answers.
Just start with what’s happened.