If you are pulled over by the police and they have reasonable suspicion to believe that you have been driving or have been in charge of a motor vehicle while over the prescribed alcohol limit, then you may be required to provide a specimen of breath for analysis.
If you fail to do so without reasonable excuse, you will be arrested for failure to provide a specimen and could be facing a lengthy disqualification. If this happens to you, you need to ask for Scullion LAW Road Traffic Experts.
Our award winning team of specialist Road Traffic Defence Lawyers will advise, assist and represent you from your initial contact with the police till the conclusion of the matter in court, should you be prosecuted by the Procurator Fiscal for failure to provide a specimen.
There are two specific charges of failing to provide a specimen of breath which are covered under sections 6(6) and 7(6) of the Road Traffic Act 1988. The first of these relates to a failure to provide a preliminary breath test normally requested by police at the roadside and the second relates to failure to provide a specimen of breath at the police station.
The defence to both of these charges is that you had a reasonable excuse for failing to provide a specimen. There is no defined test as to what constitutes a reasonable excuse but the courts set a very high standard, and so generally only genuine medical conditions that prevent a specimen being given may meet that test.
Failure to Provide a Specimen – Road Traffic Offence Solicitors Glasgow
It is often the case that drivers believe that they have tried their best to cooperate and provide a specimen but have been unable to do so due to the impatience or poor direction by the police officers requesting it, or simply because the equipment may have been faulty. This type of defence is extremely difficult to present in a credible fashion and so it is of the utmost importance that you ensure you have a specialist Road Traffic Lawyer who has the experience and skill required to defend your position.
If convicted of any of these offences you could be looking at:
- A mandatory minimum period of disqualification of 12 months
- 10 penalty points (only in cases of being in charge of a motor vehicle)
This offence is often treated more seriously than Drink Driving as the court can often take the view that you have been over the prescribed alcohol limit and have simply tried to avoid being prosecuted for Drink Driving.
How can Scullion LAW Assist you?
At Scullion LAW, we know that every client and every set of circumstances is unique and being involved in these matters is likely to cause you significant distress. We work hard to make sure you receive clear, uncomplicated legal advice you can trust in an open and friendly environment at all times. We also make sure your legal fees are no obstacle and are fair, reasonable, transparent and agreed in advance. We want you to focus on the matter in hand and trust us to fight your corner.
Our highly accomplished team of expert Road Traffic Solicitors who have honed their skills defending failure to provide a specimen cases in every Scottish court over many years. We have a solid track record of achieving successful outcomes for our clients. Read our testimonials page.
When your licence, your job and your reputation are at stake, you cannot settle for second best, you need specialist Road Traffic Lawyers that get results, so DON’T PANIC! Contact us now to discuss your case. #keepingyoudriving.
Contact Scullion LAW for Failure to Provide a Specimen Legal Advice in Glasgow, Hamilton, Paisley, Lanark & Dumfries Today
Do not risk losing your driving licence and everything that goes with it. Choose to keep driving. We cover all areas of Scotland including Glasgow, Hamilton, Lanark, Lanarkshire, Strathclyde, Edinburgh, Inverness, Bearsden, Bothwell, Uddingston, Stirling, Milngavie & Dumfries. Choose Scullion LAW Road Traffic Experts and call our expert failure to provide a specimen team now for a free initial consultation at our offices in Glasgow on 0141 374 2121 & Hamilton on 01698 283 265. Alternatively, fill out our online form and we will call you back shortly.
Please remember that Scullion LAW Road Traffic Experts is part of a full service, high street law firm and we are on hand to help you with all your legal needs.