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failure to provide specimen q?!


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I have been summoned to court for failure to provide a specimen even though i attempted it roadside, and then again at the police station. On the night of the incidence, I admitted to consuming a small glass of wine during my meal but have also been taking mirtazapine for a few weeks to treat my depression of 2 years. I took a tablet that night with water as we were deciding to leave. I have only been taking this new medication for a few weeks and prior to the incidence and had been hallucinating during my sleep, tiredness and dry mouth etc. The medication did make me me feel drowsy and after finishing the whole course i was meant to then visit my GP do indicate if it working for me and how i was tolerating the side effects. I was absolutely lethargic when the officers requested a sample but did my best to co-operate with them. I now have to attend court for this charge, but im also worried that my licence will be revoked, this is a big problem as I am the sole care for my father who has terminal cancer, my OCD sister, and a disabled mother. I have never been in trouble with the law and it seems on this occasion, an error in judgement has led me to where I am now. Can you please provide me with any advice as I am stuck on how to proceed? plus they never took a blood or urine sample either, it was evidently clear that i was not wasted as i co-operated fully with the officers at all times.
If convicted of an offence of failing to provide a specimen for analysis you will be liable for a minimum disqualification of 12 -16 months and a fine. Longer periods of disqualification and more severe penalties can be imposed in cases where the Court finds that there was a deliberate refusal to cooperate.

It is a defence to a charge of failing to provide if you can persuade the court that you had a reasonable excuse for not doing so. A reasonable excuse will almost invariably be a medical reason of some description. In your case the issue would be whether a bad reaction to your medication left you unable to cooperate with the request.

If you would like to discuss your case in detail with one of our lawyers, please call 0845 002 0736.

Carl Johnson
Drink Driving Solicitor
On behalf of Sean Joyce
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