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Failing to Provide a Specimen

failing to produce a drink drive specimenThe law asserts that a defendant who is clearly drunk shouldn’t reduce the sentence by refusing to provide a specimen

The court always treat this seriously

The court will look at the sentencing guidelines listed below. These are only guidelines and the length of ban can go up or down depending on the circumstances. We have appeared in court on a daily basis and know how to use these guidelines to ensure that the court take into account your particular circumstances.We know how to present your best arguments to make sure the court treats you leniently.

Road Traffic Act 1988, s.5(1)(a)

Excess alcohol (drive/attempt to drive)   Triable only summarily

Maximum: level 5 fine and/or 6 months.

  • Must endorse and disqualify for at least twelve months
  • Must disqualify for at least two years if the offender has had two or more disqualifications for periods of 56 days

or more in preceding 3 years – consult your legal advisor for further guidance.

  • Must disqualify for at least 3 years of offender has been convicted of a relevant offence in preceding 10 years – consult your legal advisor for further guidance.

If there is a delay in sentencing after conviction, consider interim disqualification

Note: the final column below provides guidance regarding the length of disqualification that may be appropriate in cases to which the 3 year minimum applies. The period to be imposed in any individual case will depend on an assessment of all the relevant circumstances, including the length of time since the ban was imposed and the gravity of the current offence.

For advice or representation, 24/7 call 0800 1933 999