How we can help
Penalties:
- The maximum fine is £5,000
- A community order or up to 6 months’ imprisonment
- 12 months disqualification
- 2 year disqualification where there has been two or more disqualifications for periods of 56 days+ in preceding 3 years
- 3 years disqualification where there is a conviction for a relevant offence in preceding 10 years
How we can help you…
Getting Legal advice as soon as possible after the incident is the best course of action.
Our expert legal team will look for an excuse if possible, arising from a physical or mental inability to provide the sample requested such as:
- Chronic asthma (or other physical condition which results in loss of lung capacity)
- Mental disability
- Needle phobia (blood samples)
Defence cases include:
- The statutory procedure was not carried out correctly
- Reasonable excuse for failing to provide
Often medical evidence will need to be obtained to support the defence case.
We will always do everything we can to help our clients get the best possible outcome for their case.
Notable Case
- A male who had 2 broken ribs failed to provide a sample of breath. The medical evidence of this was put before the prosecution, who obtained their own medical expert. The prosecution argued that the injuries were not sufficient to prevent him to providing a sample at all, albeit it would have been painful. The magistrates agreed with the prosecution and the defendant was found guilty. On sentence, the magistrates took into account the contributory factor of the medical evidence.
