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Thread: Failure to provide specimen

  1. #11
    craig121 is online now Member
    Join Date
    Nov 2014

    Default Re: Failure to provide specimen

    You have been charged correctly, Its irrelevant whether its medical reasons or other for failure to provide"would be very difficult to get a lesser charge considering you crashed a car and blew 83 @ the scene.
    Are you aware there are stiffer penalties for not providing and more importantly pleading not guilty ' what are your expectations from pleading not guilty failure to provide*,(your still a drunk driver)

    I was incorrectly charged sect6 (charge sheet)with failure to provide @ sample roadside' went to court on the day Solicitor said it was a typo and court pappers were section 5 , guess I could of made an arguement but I knew I had been drinking driving over the limit I accepted my punishment from the court and attempting to move on with my life and to never ever repeat that mistake!*
    Last edited by craig121; 06-06-2017 at 11:38 PM.

  2. #12
    price1367 is offline TTC Group Associate Director
    Join Date
    Oct 2012
    Telford, Shropshire

    Default Re: Failure to provide specimen

    Did did not imply that it was a deliberate attempt to not provide, I was pointing out the realities of what you face, putting forward a defence of 'failing to supply without reasonable excuse". Solicitors are always optimistic and will offer to proceed with a defence but remember that they will never lose as your bill will be delivered to you, win or lose.

    After you have entered a not guilty plea and committing yourself to a lot of extra expense, did any of the 3 solicitors offer any advice about how to proceed with what to do when the prosecution add an alternative charge of driving whilst unfit through Drink or drugs, using the evidence of the arresting officer and the roadside breath reading of 83 to re enforce his opinion that you were unfit to drive through alcohol, which means that it doesn't matter about your panic attack at the police station?

    All I want to do is to ensure that you are aware of what is to come, and that you do not just listen to advice from 'optimistic' solicitors.... and As I said before, make sure that they are experienced in Drink Drive matters. I will give you a clue, if they have quoted less than 3,000 then they are not going to spend enough time researching it. Even if they are looking at a quote like that, it still doesn't mean that they actually have that necessary experience to put forward a 'reasonable excuse' defence or how to handle the alternative charge if it is added to your case.

  3. #13
    Anonymous90 is offline Member
    Join Date
    Nov 2016

    Default Re: Failure to provide specimen

    I think the harsh reality is that Price is right on the money. A solicitor will always take your case and give you the optimistic side. I phoned a solicitor after my arrest and was given the "we can get it down to 9 months for you with a course etc, all it'll cost is 900 plus any further costs incurred".

    I decided to take it on without even a duty solicitor, and got 9 months.

    I didn't actually know that the roadside ones gave a reading. I thought they gave "Over, Under" that kind of thing. That said, if you contest it, they will bring the officer in. He will give evidence. I imagine all the CCTV will be presented and then you're left to a crown court to decide whether you were fit to give a sample and whether the police acted wrongly. They do this all the time though, remember that. They're doing something which is now a process to them, rather than anything that requires a thought process. I would imagine they get it spot on 99% of the time without even trying.

    Unfortunately, panic attacks are one of those things that are 'easy' to put on, so to speak. That's not me saying you put it on, that's me saying that police officers deal with all kinds of individuals, and I Imagine they regularly come across a 'random collapse' or something similar. At the end of the day, if it was the perfect get out of jail free card, we'd have all done it the night/day we got caught over the limit.

    I think in this case I'd take your punishment. You might actually avoid a longer ban (After all 83 would put you into the higher category?) and be given a stock 12 months with a course. You will, however, be a HRO which you need to declare to insurance and you will also have to take a medical.

    Good luck.

  4. #14
    jrj3 is offline New Member
    Join Date
    Jul 2017

    Default Re: Failure to provide specimen

    Convicted Driver Insurance Quotes
    You will be disqualified for failing to provide a specimen and, as stated in this thread, classified as a 'High Risk Offender'. My advice to you is don't waste your money on a lawyer, turn up at court and look humble.Towards the end of your disqualification you should send a cheque for 90.00 when you reapply for your license and your DVLA medical will cost you 98.50.

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