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Legal Advice for Failing to Provide A Specimen

Motoring Offences

Cartwright King’s specialist Motoring Law team has a proven track record for defending motorists accused of failure to provide a specimen when suspected of drink or drug driving. 

Benefit from the unique ability of our Motoring Offence Lawyers to build a case that will help clear you of wrongdoing or minimise the action taken against you.

For straightforward, honest advice, get in touch with Cartwright King’s dedicated Motoring Law team, today.

How Cartwright King can defend you

Cartwright King takes a non-judgemental and pro-active approach to your case. We listen, we understand and we genuinely care about protecting you from penalties and punishment. We offer honest, reliable legal advice to ensure that the best possible action is taken to help clear you of failing to provide a specimen offences.

We can advise you on all manner of failure to provide a specimen issues, including:

  • Accusations of failing to provide a breath, blood or urine sample
  • Drug driving accusations
  • Allegations of drink driving

Benefit from a free, initial telephone conversation

If you have been charged with failure to provide a specimen, you can benefit from a free, initial telephone call with a specialist Cartwright King Motoring Offence Lawyer to assess your options.

There’s no substitute for speaking to one of our specialist solicitors to get the right advice, and start preparing your defence. 

For immediate action, contact us today for your free* initial discussion.

The discussion is completely informal and confidential, and is an opportunity for us to:

  • Get to know you 
  • Understand your situation
  • Agree how you want to proceed

*Please be aware that this is a ‘get to know you’ call and no advice will be given.

Why choose Cartwright King for your defence?

Having an experienced Motoring Offence Lawyer representing you is often the difference when it comes to avoiding punishment for failure to provide a specimen allegations.

We listen, we understand and we genuinely care about protecting you from a driving ban. That’s why we offer sound, honest, reliable legal advice to ensure that you understand your rights when facing charges for failing to provide a specimen.

Working with a specialist Cartwright King solicitor gives you the assurance of having access to legal counsel who will advise you at every stage of your case. We know that charges for driving offences can affect your day-to-day life and potentially your job.

That’s why we will do everything we can to clear you of wrongdoing or minimise any action against you.

We’re committed to defending your legal rights and protecting your driving future, ensuring that you’re treated fairly throughout your case. When you need us most, we’ll be there to offer sound, sensible legal advice and sure guidance.  

We’re a trusted, resourceful Legal 500 top tier law firm with specialist solicitors that are calm under pressure, giving you defence counsel that you can count on.

We're here for you.

Frequently asked questions.

Under the Road Traffic Act 1988, the police have the authority to request a specimen from you if they have suspicion that you have been driving while under the influence of alcohol and/or drugs. The police can take a specimen at the roadside, or at a police station, depending on what type of specimen they require from you.

If you fail to provide a specimen, without a reasonable excuse, then you are breaking the law and will face a hearing in Court. However, in order for a prosecution for this offence to be successful, you must be warned by a police officer that you could be prosecuted if you fail to provide a sample. If the police fail to do this, then they have not adhered to the correct protocol and the case will therefore be dismissed.

Quite often, you can be charged despite doing your best to provide a specimen. Regardless, if you have been charged with failing to provide a specimen, it is in your best interests to seek legal representation to clear up any discrepancies.

A reasonable excuse is a justification as to why a sample was not given to the police. Reasonable excuses often relate to medical conditions that are either physical or psychological. 

If you can provide a suitable reasonable excuse, you should be acquitted of the offence, unless the prosecution can prove beyond all reasonable doubt that no such excuse is applicable to your circumstances.

Reasonable excuses can include, but are not limited to:

  • A genuine phobia of needles
  • Stress and/or anxiety
  • Asthma
  • Small lung capacity
  • Prostate problems
  • Chest infection

In order for your reasonable excuse to be successful, it must be supported by a report from a professional who can explain why your mental or physical condition prevented you from supplying a sample. If you do not have any official evidence to back your claim, then your reasonable excuse will be disregarded and you will face sentencing.

The sentence you can receive for failing to provide a specimen would be similar to those given for driving after consuming excess alcohol levels. Sentencing is determined by the Magistrates’ Court.  It is important to note that a prison sentence will be considered if you have committed a second driving offence within the last ten years.

If you are prosecuted for  failing to provide a specimen, you could potentially be faced with:

  • A prison sentence of up to 6 months and/or a fine of up to £5,000 – even if it’s your first offence depending on the circumstances
  • A minimum driving ban of 12 months
  • A potential community service sentence
  • Higher insurance rates on your vehicle

A strong case could ensure that you do not face these punishments. Therefore, it is in your best interests to contact a Cartwright King solicitor who will help build the strongest possible case for your defence.