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Failure to provide a Specimen

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Offence 

There are two separate offences that a driver can commit; the first being a failure to give a roadside specimen and secondly, when at the police station.   These specimens can either be breath, blood or urine and a reasonable excuse can be based on medical reasons such as a phobia of needles or breathing difficulties.

The police must follow a strict procedure when requesting a sample and it is important that they do not deviate from that process.   Breaches can result in successful defences being mounted and it is therefore important that the procedures are closely analysed.

Punishment

  • Drive / Attempt to Drive - The Court has powers of imprisonment for up to 6 months or impose a financial  penalty of up to £5,000 and a minimum disqualification of 12 months.
  • Failing to co-operate with the preliminary ( road side ) test - The Court has power to impose a financial penalty of up to £1000 and a discretionary disqualification.

 

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