Failure to Provide

Many people arrested on suspicion of driving under the influence find themselves overwhelmed at the police station.  Often they have never been arrested before and become suspicious when the police tell them they cannot speak to a lawyer or find that their requests to do so are treated as a refusal.  Equally, there are people who try their best to co-operate but do not provide an evidential sample.

Kellocks can help you and have significant experience in this area.

The law

Section 7 Road Traffic Act 1988

In the course of an investigation into whether a person has committed an offence, a constable may require him:

  1. a) to provide two specimens of breath for analysis by means of a device type approved by the Secretary of State, or
  2. b) to provide a specimen of blood or urine for a laboratory test.

A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence.

What am I looking at?

A minimum disqualification from driving for a period of 12 months and a maximum penalty of an immediate 6 month custodial sentence.  A 12 week custodial sentence is the guideline start point where there has been a deliberate refusal or a deliberate failure where there is evidence of serious impairment.

Is legal aid available?

It depends.

Allegations of failure to provide may satisfy the “interests of justice” test and if you are financially eligible, legal aid could be available.  If it is, we can provide representation at no cost to yourself at court.

Contact us now and we can provide you with expert advice regarding legal aid eligibility or a fixed fee to provide representation.