Failing to Provide a Roadside Specimen

failling to provide a roadside specimen
Brecon Beacons by Gareth Lovering Photography

The police often ask drivers to provide a specimen of breath at the roadside if they suspect that they have been drink driving. If you don’t blow into the machine you could be charged with failing to provide a roadside specimen. The good news is that it is unusual to be banned for not providing a sample, The bad news is arrest, being taken to the police station to provide  a sample there, a court appearance, penalty points and a fine.

If the police have accused you of failing to provide a roadside specimen and you want to challenge the case against you, I may be able to help. Are you worried about a driving ban for failing to provide a roadside specimen? I can help with that too.

Things I Look Out For In a Failing to Provide a Roadside Specimen Case

  • Was the suspect unable to provide a specimen due to a medical condition
  • Did the suspect have a reasonable excuse not to provide
  • Was the specimen of breath not provided due to a malfunction of the breath testing machine
  • Errors in procedure by the police
  • Errors in procedure by the prosecution

Also Known As

  • Refusing a breath test
  • Not blowing into the machine
  • Fail to provide for an officer
  • Failure to co-operate with preliminary breath test

Do Not Confuse With

Penalties for Failing to Provide a Specimen

The sentence for failing to provide a roadside specimen is:

  • Fine up to £1,000
  • 4 penalty points

Crown Court or Magistrates’ Court?

Failing to provide a specimen trials and guilty pleas are always in the Magistrates’ Court. Appeals are in the Crown Court.

Find Out More

Unsure If You Need Legal Representation for Failing to Provide a Roadside Specimen?

Before you decide if you need a solicitor, call me or request a call back under no obligation.

 

Brecon Beacons by Gareth Lovering Photography / CCBY-ND