Over 40 years of dedicated advocacy experience.
Specialists in drink and drug driving law. Call today for a FREE Consultation to see what can be done to fight your case. Immediate help is one phone call away.
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Examples of Defences to a Failing to Provide Charge
- If you do not have sufficient lung capacity (or some other physical disability), which prevents you from providing a breath sample. Such a defence will invariably mean that medical evidence is required. You should also remember that such a defence will stand a greater chance of success, if you brought your physical problem to the attention of the police, at about the time of the requirement for a specimen.
- If you suffer from a medically established phobia; for instance if you have a profound fear of needles or giving blood. Or, perhaps, an irrational (for most of us) fear of contracting AIDS from the mouthpiece of a breath test machine.
- If you suffered from some form of panic attack at about the time the demand for the sample (of breath, blood or urine) was demanded. Here, the fact that these evidential procedures are now routinely recorded on CCTV, at the police station, is a major bonus for specialist drink and drug driving lawyers [similarly, if the officer who arrests and later processes you at the police station, was wearing body-cam, then this may also help].
- A faulty breath test device (even if not immediately apparent) or a blocked or otherwise defective mouthpiece. In a failing to provide an evidential breath test case, the police are advised to retain the mouthpiece. However, this does not always happen, and may therefore lead your lawyer to advance an “abuse of process” argument. If that should succeed then that may be the end of the case.
- If you did not understand the procedure, perhaps because your grasp of the English language was/is poor and the police had not taken steps to obtain the services of an interpreter to help you. Or, unbeknown to the police, you were suffering from the effects of a head injury and undiagnosed concussion, at the time of the procedure at the police station.
- If you had suffered other physical injury (fracture, severe bruising, etc.,), to your jaw or mouth, making it impossible for you to make a proper seal around the mouthpiece of the breath testing device.
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Call now for immediate advice concerning defences of a failing to provide driving case.
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What clients say about us
Wimbledon Court
Peter | Croydon
Thank you for your impeccable attention to detail, honesty and professionalism throughout this ordeal.
Southend on Sea Court
Dylan | Essex
I was charged with failing to provide a blood sample but the reason for this was because of my needle phobia and general stress.
Sefton Court
Harry | Merseyside
I came across the motoring justice website on the net and looked at the videos and references. I was charged with drug driving (61 in Benzo and 43 in Ketamine) and had to go to Liverpool Court.
Reading Court
Mark | Bracknell
You were my lawyer at Reading Court today on a drink driving charge (110 in blood) and things had not looked good before I chose you to represent me.
Oxford Court
Yahaya – London
I had 4 charges against me at the Oxford Court – Failing to provide breath test as a “Driver”. Driving other than with a licence. Not having road insurance & Failing to provide breath test as was “In Charge”.
Norwich Court
Ryan | Coventry
I came before Norwich Justices’ Court on a drug driving charge, 3.9 micros in a litre of my blood. You always said that the police procedures were wrong and should be fought.
Leeds Court
Tabraz | Leeds
Was charged with drink driving (50 in breath) and Googled you. Thank goodness I did! You are a top drink driving/drug driving barrister.
Highbury Court
Amardeep | Birmingham
I had been charged with D.U.I. [at Highbury Corner Magistrates’ Court] but the prosecution service then changed it later to driving over the drug drive legal limit.
Failure to Provide Legal Defence
A Personalised Legal Defence Specialist in Failure to Provide
Backed by over 40 years of experience.
If you’ve been charged with failing to provide a specimen offence then you must act QUICKLY. The police will have arranged the earliest possible court hearing while you remain in a state of shock.
Failing to provide a sample of breath, blood or urine will have major repercussions for you, your family and working life. If you appear to be heavily under the influence of drink or drugs then this could lead to a sentence of imprisonment
I offer direct personal contact from start to finish. Real cases, real people. We’ve saved many drivers from 12 months punishment for drunk driving accusations.
