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Failure to Provide a Breath Specimen

Do you require a Failure to Provide a Breath Specimen Offence Lawyer? Failure to Provide a Breath Specimen is the result of not providing the police with a proper sample of air from your chest.

You will be taken to the Police Station immediately after you have been arrested. When you are in the Police Station they will ask you to blow into a device called an intoximeter which will indicate how much alcohol you have in your system. If you fail to provide a sufficient volume of air you will be charged with failing to provide a Breath Specimen. If you are convicted of this matter you will be disqualified.

Road Traffic Act 1988 Section 7: Failing to provide a specimen in a police station.

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.
Penalty: Disqualification is mandatory for a minimum of 12 months, and a fine or imprisonment.

It is up to the accused to show that he or she had a reasonable excuse for not providing a breath specimen. It is similar to a roadside breath test and the onus is on the accused to show that there is a reasonable excuse and this is normally done by providing expert testimony. You will normally have an expert there who can  reason that the accused was unable to provide a Breath Specimen. If the Sheriff holds that the defence that is put forward is credible then he will acquit the accused. If not then the Sheriff will disqualify.

How We Can Help

A client was acquitted after it was upheld in court that she had not been given the proper opportunity to provide another sample at a police station.

What is a failure to provide a breath specimen?

It refers to refusing or failing to provide a breath sample at a police station after being arrested.

 

Penalties include a fine, driving ban, and up to 6 months in prison.

No, but you may have a defence depending upon your medical condition

Yes, it is just as serious.

Defences include medical inability or procedural errors by the police.

Yes, a minimum 12-month ban is standard for this offence.

Yes, they must have reasonable suspicion or evidence of an offence.

Yes, it is a criminal offence and will appear on your record.

Yes, particularly if police procedures were not followed correctly.

Seek immediate legal advice to explore potential defences.

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Colin Schroder
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Very professional support from Euan Robertson. As a result I avoided 3 points and a likely driving ban, which I would otherwise have been forced to accept.
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LORRAINE PETERS
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I will recommend this company a million times. I had a case where I could have lost my licence due to maximum points being reached. The lawyers assisted me with a plea to reduce the penalty points. It was a success and I kept my licence. Great job and very professional.
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david orr
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Euan and his team were fantastic from the first time I met him. right through until my case was close .Ecstatic with the result . Highly recommended .
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Victoria Alexander
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Got in touch with Euan after reading reviews of his work, needing help with a road traffic offence. Couldnt of asked for a better outcome or service. At the stressful thought of losing my licence, a clear an straightforward conversation with Euan put my mind at ease. Euan and his team dealt with everything on my behalf and fully kept me up to date.
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Ahmed Hassan
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Great lawyer
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Scott Clarke
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I was incorrectly charged with use of a mobile phone while driving. Euan managed to get the case thrown out without me even needing to enter the court room on the trial date. Would definitely recommend him if you’re needing help fighting a road traffic charge!
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Haris Mushataq
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Euan robertson top man dropped me from a road traffic offence within just a couple of days notice I can’t appreciate his help enough thank you. Highly advise these guys as they are great help
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William Murray
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Euan got me a result I didn't think was possible, if you're feeling hopeless this is the man to come and see. Worth every penny!
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Matin Ismael
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Highly recommended, was about to lose my license, thankfully KeepMyLicence did exactly as they say they would. Much appreciated
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Need an expert driving offence solicitor?

With over 30 years of experience Euan can advise and represent you to obtain the best possible outcome. Depending upon the evidence in each individual case, he will assess with you the evidence and advise you whether you should be going to trial or tendering a plea of guilty.