Failure to provide

Convicted Driver Insurance


New Member
Hi, I was pulled over and asked to do a roadside breath test. I did the test and it came out higher than I would have expected to. I was arrested and taken to the police station to do a breathalyser. The machine gave 2 readings with a difference of 10. The police said this wasn’t normal and said I’d have to give a different specimen. I said I could do a urine sample because I didn’t like blood tests and gave my reasons. The nurse didn’t think my reasons were a “reasonable excuse” I kept asking to do the urine sample, but was still told no. They then charged me with failure to provide. I didn’t completely understand the consequences.

I have ADHD and ASD
Blood tests are a sensory difficulty - I have to be forewarned of it happening and sometimes I haven’t turned up for an appointment because I couldn’t do it that day - due to my “issues” I didn’t like the nurse in the police station, I know that isn’t a reasonable excuse, but she was making me feel really stupid. I also didn’t feel comfortable in the room, I was cold, I was upset, I didn’t have anyone around that I knew etc.

I have been told that a fear of needles can be a “reasonable” excuse, but as I’ve always managed to mask my issues, I don’t have it on paper so a doctor wouldn’t be able to write me a letter for it.

Does ADHD and ASD bear any weight at all in court?

Another thing that could have led to the machines giving false readings is, I have a hiatus hernia which gives me a lot of acid reflux - would that be taken into account? This CAN be evidenced by a doctor.

Many thanks.
Good morning,

The reflux would not be a defence, as for whatever reason the breath test was abandoned and reflux would be the defence to a breath reading case.

The fear of providing would certainly be a defence and potentially a strong one. However I would warn you at this stage that to run this defence you MUST have a medical expert assess you and conclude that you could not provide. Usually solicitors would organise this for you but as you would guess it is not a cheap service and the cost can be prohibitive. You could attempt to run this defence yourself , but the law is clear that you must have a medical expert on your side or the case will fail.

Kind regards

Thank you so much for getting back to me so quickly.

It’s very hard having Autism…and ADHD, as a lot of people don’t understand it. We are constantly having to “defend” ourselves/our actions and the reasons as to why we are “different” - it’s extremely frustrating that so many of us suffer with hidden disabilities which make our lives a lot harder.
I am still trying to find a solicitor, but at least I know there might be a reasonable defence now, thank you.
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