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Do I have a defence

#1
I have been charged with failing to provide a urine specimen for analysis. I blew 46 and 47 on the breath machine. I was then offered the alternative test of a urine sample I was asked at approx 5:35am I provided the first sample just after 6 and was unable to provide a second sample I asked for some water and they wouldn't give me any I was charged just before 7am for failing to provide do I have a defence
 
#2
As you provided the 2 requisite specimens of breath and the lower of these was less than 51ug, you are able to choose to have this replaced by a specimen of either blood or urine. As stated in Section 8 of the Road Traffic Act, "if he then provides such a specimen, neither specimen of breath shall be used." However as you have not actually provided the specimen of urine the prosecution are fully entitled to go back an use the breath readings. They should not however, be prosecuting you for failing to provide a specimen.

What I believe is likely to happen is that the CPS will review the case at Court and then amend the charge to driving with excess alcohol using the breath readings provided.
 
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