Failing to Provide a Specimen

Our specialist lawyers at Olliers have an exemplary record of defending allegations of 'failing to provide' and win the vast majority of cases we take on. If we advise you to defend your case, then it is because we genuinely feel that we can win. Please contact us at your earliest opportunity to discuss the options available to you if charged with this offence or alternatively, read more about the offence/options below.

The Offence Itself

Under certain circumstances (usually when suspected of an alcohol related offence), the police can require you to provide a sample for analysis. The sample should be breath, blood or urine. Once this requirement has been made, a suspect is legally obligated to provide that sample or face charges of failing to provide. Unfortunately, this applies regardless of whether you think the proceedings are fair or justified. The most common circumstances we encounter are:

1. A suspect has outright refused to provide a sample (sometimes as a matter of principle);
2. The driver has been physically unable to provide but has genuinely tried;
3. There was a specific reason why a sample was not provided that may or may not have been accepted by the police.

You may go through all of the police "drink drive" process having not even consumed one alcoholic drink and refuse/be unable to provide a specimen, only to face a disqualification from driving! Alternatively, you may have tried to provide a breath sample several times only for it to be repeatedly unsuccessful!

There are several scenarios that may apply in a failing to provide case and we would strongly recommend speaking to one of our team as soon as possible.

What do I do?

If you are unsure of the best way to proceed then please contact one our team to discuss your options.

The vast majority of people who contact us are unaware (and initially sceptical) of any potential defence that may be available to them until they have sought expert advice from one of our team.

Many people assume that their only option is to plead guilty to this offence but this is simply not the case. The motoring specialists at Olliers have extensive knowledge of the procedures that govern the requirement for a specimen and are frequently able to defend this allegation.

It is often difficult to confirm at the outset whether or not you can defend your case until we have had opportunity to review the evidence against you. It is with this in mind that we can offer you an investigation into the charges against you for a fixed fee. We can review the evidence that the CPS has against you and provide you with our full advice on the prospects of success in your individual case. No two cases are ever exactly the same and it is important that we consider the specifics of your case before advising you of the chances of success.

Once you have received our advice,you can make an informed decision on whether or not to defend the allegation or accept the penalty and one of our team will be on hand to discuss any concerns you may have about your case.

The initial investigation is what has led to the majority of our clients successfully defending their case.

Defending the Charge

If you know that you wish to defend the charges against you then pleasecontact us as soon as possible (even if you have not been formally charged). The team at Olliers adopt a "no stone unturned" approach to defending cases and we will want to get started as soon as possible. A pre-emptive approach can often help secure key evidence (such as CCTV evidence) that may be destroyed otherwise if there is a delay between being charged and actually appearing in court.

We have found that most of our clients are happy to know that, if they choose to defend the charges, they can continue driving for as long as proceedings are ongoing.

We must stress again however that this is a very specialist niche area of law and a general criminal lawyer (unlike an expert) may give you very different advice to our expert advice, simply due to the fact that this is not their main area of practice. The lawyers in our motoring department are specialists dedicated to motoring law and therefore are fully conversant with the complexities of this area of the law. You should keep this in mind if you have spoken to other more general firms.

Pleading Guilty

Failing to provide a specimen is a serious offence and carries similar penalties to those of drink driving. The penalty is largely dependent on the reasons why a sample was not provided but other circumstances will also be taken into account such as:

• First Offence?
  The minimum penalty for a first offender is 12 months disqualification from driving and a fine of up to £5000.
• Second Offence within a 10 Year Period
  The minimum penalty instantly increases to a 3 year disqualification solely on the basis that it is a second offence within 10 years.
• Second Offence within a 3 Year Period and/or evidence of extreme intoxication
  The Court will consider imposing a prison sentence of up to 6 months, in addition to a disqualification and fine.

Impact of a drink driving conviction

Most people already know about the mandatory disqualification from driving, but there are some long term consequences that many people do not consider such as:

• Your ability to work
• A significant increase of your insurance premiums (often by thousands!) for 5 years
• Restrictions on travel
• Social stigma
• A criminal conviction which will remain on your record indefinitely and your licence for 11 years

We understand that almost everybody will want to secure the minimum penalty in light of the above and offer a fixed fee service to help you achieve this.

This level of representation includes the meticulous preparation of your case, one of our specialist lawyers on hand for advice over the telephone any time between 8am and 10pm and a specialist court advocate who will accompany you to court and conduct the hearing for you.