Motoring Law
Fail to Provide a Specimen: Solicitor Sean Reilly, Manchester and the North West
Failing to provide can be punished more harshly than drink driving itself. It is also frequently defendable.
The prosecution must prove a lawful requirement was made, that the warning about prosecution was given, and that you failed without reasonable excuse. Panic attacks, asthma, genuine physical inability and confusing or rushed procedure at the roadside or in custody all come into play.
Sean Reilly recently persuaded Manchester Magistrates' Court not to disqualify a client on a fail to provide case using a special reasons argument built on lesser known authority, saving both the licence and the job that depended on it.
Facing this charge at Stockport Magistrates' Court? See our Stockport page.
Penalties you could face
- Minimum 12 month disqualification where driving is involved
- Up to 6 months custody and an unlimited fine
- 10 points and a possible ban for fail to provide while in charge
How Sean can help
- Reasonable excuse, including medical and mental health grounds
- Requirement not made lawfully or warning of prosecution not given
- Device or procedural failures in custody
- Special reasons not to disqualify
Frequently asked questions
I tried to blow but could not, does that count?
Genuine physical inability supported by evidence can amount to a reasonable excuse. It needs to be raised properly and early.
Fail to Provide a Specimen advice across the North West
Free consultation call, straight answers and no jargon. Available for police station attendance and court hearings across the North West.