Many people are unaware that it is a criminal offence for a driver to refuse a Police request to provide an evidential specimen. The law in this area is strongly enforced, primarily for road safety reasons, so that there is sufficient evidence to bring drink and drug driving prosecutions. A failure to provide an evidential specimen, therefore, attracts significant penalties, including the possibility of disqualification from driving for a minimum of 12 months.
Road Traffic Defence Lawyers Alloa, Kirkcaldy and Dunfermline
The offence of failing to provide a specimen is found in sections 6 and 7 of the Road Traffic Act 1988. It is committed when a person fails to co-operate with a requirement by the police to provide a specimen. Under these sections, the police are granted the power to request a sample from a person they reasonably suspect of committing or having committed a driving offence. Importantly, this can mean that where someone has driven and subsequently drank alcohol, they may be required, after consuming alcohol, to provide a specimen to a police officer who suspects they committed a driving offence prior to the consuming alcohol.
The best chances of defending against a charge of failing to provide a specimen is to have the support of expert driving solicitors. How these cases are prosecuted are particularly complex and fact-specific, meaning that a solid defence can make all the difference when it comes to keeping or losing your licence. At MJS, our specialist and experienced driving solicitors always work in our clients’ best interests and will present a strong defence aimed at keeping you on the road.
Contact our Road Traffic Defence Lawyers Scotland
Our road traffic solicitors can assist by discussing your options with you confidentially, and are ready to fight your corner. We provide a fully comprehensive legal service from liaising with the police through to representing you in court. Call our criminal defence lawyers for a free, initial consultation in Dunfermline on 01383 730 466, in Kirkcaldy on 01592 640 680, in Alloa on 01259 725 922 or make an online enquiry.