Breath

Failing to provide a specimen is a serious criminal offence. You should seek immediate legal advice and consider all available defences. If you would like to discuss your case, please call a member of our team.

We can help you with:

  • Discussing your options
  • Reviewing the evidence
  • Identifying defences
  • Next steps

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Reasonable Excuse

Failing to provide a specimen is a serious offence, which is why the knowledge and expertise of a specialist solicitor is recommended. It’s crucial that we consider why you failed to provide, and build your defence around that. If your failure was reasonable, you may have a full defence. This is known as reasonable excuse. Here at M.A.J. Law, we have won many ‘failing to provide’ cases over the years by raising a reasonable excuse. Below is a list of just some of the ways that a defence could be raised:

  • A physical injury (e.g. bruised or broken jaw, dental issue, etc)
  • A blocked or defective intoxilyzer mouthpiece
  • A fault with the device (even if not apparent at the police station)
  • A lack of understanding or a mental incapacity (even if ‘brought on’ by alcohol)
  • A genuine phobia
  • Confusion, depression, anxiety, incomprehension, mental stress, etc
  • A procedural error

There’s a chance that you may have a reasonable excuse defence without knowing it. If you do, and your defence is successful, the court will not convict you.

There is little incentive in entering a guilty plea before you’ve had the opportunity to check the evidence against you. Your disqualification will not be reduced by entering an ‘early’ guilty plea.

Marcus Johnstone

Pleading ‘Not Guilty’ to Failing to Provide

Please don’t make the mistake of thinking that a disqualification will be reduced if you plead guilty at the first court hearing.

M.A.J. Law will be able to identify and develop a personalised defence strategy for your case, which is typically done before the first court hearing. This allows us to safeguard your position, and advise you in clear detail from the outset. Our team is made-up of senior solicitors, barristers and expert witnesses.

By pleading ‘not guilty’ to failing to provide, you force the CPS to prepare its case and present the evidence. Most prosecution areas have huge difficulties correctly preparing cases, warning witnesses and presenting evidence. This is mainly due to;

  • cuts in Government funding
  • an increased workload
  • the creation of new offences
  • miscommunication between the police and CPS

Whatever the reason, if the CPS fail to serve evidence, you should not be convicted.

Pleading ‘Guilty’ to Failing to Provide

The entire criminal justice system relies on guilty pleas. By pleading guilty, you are accepting that the entire police investigation – the collection & preservation of evidence – from start to finish was correct, without checking the evidence. So why would you? We’ve already established that the length of disqualification will not increase if later found guilty. In our view, there is far more to gain by exploring the technicalities of your case, and checking all evidence. You might be surprised to find that it doesn’t exist.

Even if you are still considering entering a guilty plea, M.A.J. Law can help. By highlighting recent case law, we may be able to convince the CPS to give you 10 points, rather than a mandatory disqualification. Whatever your decision, our team will use their expertise to secure the best possible outcome in your case.

Any initial advice we give is completely free of charge. You may also want to learn more about special reasons and mitigation, as they could be applicable in your case. Our team of specialist solicitors have the knowledge, experience and expertise to help you build a successful defence, and achieve the best possible result.

The Cost of Failing to Provide

M.A.J. Law are completely transparent about our fixed fee pricing structure and any potential costs that might be incurred throughout the case, so please don’t be afraid to ask. Our quoted fixed fees will not change, even if the case becomes more complicated than originally anticipated. Over the years, our team of specialist solicitors have built long-lasting, honest and trustworthy relationships with our clients. This has helped us become the leading motoring defence solicitors in the UK. M.A.J. Law also employs a number of Cost Recovery Administrators who will process your Defence Costs Order immediately. This allows you to claim back your costs from the Central Funds Office of the Government (subject to assessment).

What to do next

If you’ve been accused of failing to provide a specimen – whether one of blood, breath or urine – then your next step is to find the right legal team. There are a number of factors that can define what makes a solicitor ‘right’ for you, for instance:

  • A specialist in motoring law
  • In depth knowledge of drink & drug driving law
  • Experience & success in similar cases
  • Evidence of case victories & testimonials
  • Weekend availability
  • Connections with specialist barristers and expert witnesses
  • Fixed prices, and no initial charge for advice

If the solicitor you’re considering is lacking in any of the above areas, then it could be beneficial to explore other options.

*off all FTP cases that proceeded to trial in 2018

Could you benefit from expert advice?

M.A.J. Law’s specialist solicitors have years of experience representing clients in drink & drug driving cases across England and Wales. Get in touch today to discuss your case in detail

07810 804 464