Failure to Provide a Roadside Sample

Usually, a motorist is stopped on a public road and therefore, the preliminary breath test performed by the police is frequently referred to as the roadside breath test. However, it is possible for this test to be performed at or near the place where the requirement to co-operate with the test is made. It should be noted that a preliminary test cannot be requested on a random basis.


It is an offence to refuse to co-operate with a valid request to provide a preliminary breath sample under The Road Traffic Act 1988 Section 6.6.


The penalty for this offence is 4 points or a discretionary disqualification and a fine of up to £1000.

The Road Traffic law is changing almost on a daily basis it is therefore imperative to seek expert advice. Where you are under investigation for such offences you should not discuss any aspect of your matter with the police or at court until you have obtained expert advice. Since Legal Aid is no longer available for most Road Traffic Offences we have a highly competitive fee structure including fixed fees and hourly rates starting at just £99 plus VAT, making expert professional help available to even the tightest budget and in successful cases we will claim back all your costs from the Prosecution for you.

If you or someone you know has been arrested we can act immediately and can be contacted 24 hours a day in an emergency on 07966 259252

The team is led by Dr Cyrus Mansouri and Mr Shaffiq Amin

Call now for a FREE assessment

020 8401 7352

Emergency Number 24/7: 07966 259252

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