Failing to provide a specimen of breath
In order to secure a conviction against you for this offence, the police or the crown prosecution service, will need to prove that you unreasonably refused to provide a specimen of breath where you were asked to do so by a police officer. Not all criminal defence solicitors will appreciate the possible defences available and how to go about adducing expert evidence to defeat such a charge.
What amounts to “unreasonable” or more specifically what amounts to a reasonable excuse for the purposes of failing to provide a specimen of breath, blood or urine, will be a matter of fact and degree. There are a plethora of reasonable excuses for these purposes which, if presented properly and compellingly will assist in defeating a charge of this nature.
As specialist drink drive solicitors, we can look at the reasons why you did not provide a specimen and advise you accordingly.
A reasonable excuse which can form the basis of a successful defence will usually involve some medical reason why a person cannot provide a specimen, these can include:
Asthma or other conditions preventing or causing difficulty in breathing
chest infections, which have caused difficulty in breathing
religious reasons for not providing blood
medical condition preventing urination
A phobia of needles, rendering it impossible to provide blood
Other relevant medical conditions
Contact us today to see how specialist drink drive solicitors can assist you.
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