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Failure To Provide A Specimen Solicitors Glasgow

This offence is governed by section 6 and section 7 of the Road Traffic Act 1988. If a driver is reasonably suspected by a police officer of driving a vehicle, attempting to drive a vehicle or being in charge of a vehicle whilst under the influence of alcohol or drugs they will be required to provide a specimen for analysis. The roadside test is one of breath. Failure of this test or a refusal to provide the test will result in arrest and a further requirement to provide a specimen at the police station.

Failure to provide the preliminary breath test attracts a discretionary disqualification and fine, however, there is scope for the Court to impose 4 penalty points as an alternative if there are sufficient mitigating circumstances. Refusal to provide the further specimen for analysis at the police station is a more serious offence. It carries with it a minimum of 12 months obligatory disqualification in cases where the accused was driving or attempting to drive. If the accused was simply in charge of the vehicle at the time disqualification is discretionary with an alternative of 10 penalty points. 

The defence to either of these charges is ‘reasonable excuse’ and the court will take a narrow view of what constitutes such. Full exploration and proper presentation of this defence in court is vital to protect your licence.

Contact our Road Traffic Defence Lawyers Glasgow

It’s never too soon to get in touch. Call us today on 0141 530 1381 or use our online enquiry form. Our solicitors will deal with your enquiry in the strictest of confidence.