Failing to provide an Evidential Specimen

Offence

It is an offence to refuse or failing to provide a specimen for an evidential breath test or blood or urine test under s 7 Road Traffic Act 1988.

If a police officer has reasonable grounds to suspect a drink driving offence he can require a road side breath test. When such a test is failed, further testing can be required at the police station by way of a further breath test or urine or blood samples.

Officers requiring such samples must follow set procedures which if breached, can lead to a defendantís acquittal. When a person fails to provide such a sample they can be prosecuted for failure unless they have a 'reasonable excuse'. Geoffrey Miller Solicitors have extensive knowledge of the detailed case law in this area and can advise you of whether a 'reasonable excuse' may arise in your case.

It is also necessary that any person prosecuted for this offence was given an appropriate warning about the possibility of prosecution prior to the sample being required.

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