Failing to Provide a Sample

Failing to Provide A Specimen For Analysis

Failing to provide a sample (usually breath) for analysis is another offence that, if you have been driving or attempting to drive, will almost always result in a disqualification of a minimum of 12 months. 

This area of prosecution can be very technical. There is always the possibility of error on the part of the police. For example, an officer may fail to warn a suspect that if he or she fails to provide a sample then they could be prosecuted. This is very often, fatal to the prosecution's case and could result in a not guilty verdict. 

The main defence in this area is that the suspect was physically and/or mentally incapable of providing a sample. The are many decided cases in this area which may assist you in keeping your licence. 

Our job in the first instance, is to find a defence so that you can keep your licence. Contact us for a free, no obligation chat. 

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