Failure To Provide an Evidential Sample

Offence

It is an offence to refuse or fail to supply a specimen for an evidential breath test or blood or urine test under section 7 of the Road Traffic Act 1988.

If a police officer has reasonable grounds to suspect a drink driving offence he can require a road side breath test. When such a test is failed, further testing can be required at the police station by way of a further breath test or urine or blood samples.

Officers requiring such samples must follow set procedures which if breached, can lead to a defendant’s acquittal. When a person fails to provide such a sample they can be prosecuted for failure unless they have a ‘reasonable excuse‘. Mansouri & Son Solicitors have extensive knowledge of the detailed case law in this area 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.

Penalties

Mandatory disqualification of a minimum of 12 months (24 months as a recommended starting point) plus a fine of up to £5000. Custodial sentence of 6 months is a possibility

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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