Section 7(6) Road Traffic Act 1988:

A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence.

Defence cases include:

• The statutory procedure was not carried out correctly.
• Reasonable excuse for failing to provide. Any such excuse must arise from a physical or mental inability to provide the sample requested. Examples include (1) chronic asthma or other physical condition which results in loss of lung capacity, (2) mental disability, (3) Needle phobia (blood samples). Often medical evidence will need to be obtained to support the defence case.

Penalty:
• The maximum fine is £5,000.00. Alternatively, a community order or up to 6 months’ imprisonment can be imposed.
• The minimum disqualification is 12 months or 2 years where there has been two or more disqualifications for periods of 56 days+ in preceding 3 years or 3 years where there is a conviction for a relevant offence in preceding 10 years.

Contact us as soon as possible on guidance on information to provide. If you have received a summons to attend court for an offence under this section, contact us. We can normally deal with this kind of case administratively, by correspondence to the police / prosecution. Alternatively, we can represent you at court. We are able to offer private representation for all types of motoring offences. Legal aid might be available in a limited number of cases. Please call 0844 2640 999 for help and further information.