This matter relates to a roadside breath test. A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test. Penalty can include discretionary disqualification, or alternatively endorsement and a fine.

If you fail to provide a roadside breath test you will face potential disqualification. The Sheriff will decide on the information before him whether it was a deliberate attempt to avoid prosecution for drink driving. If they form that opinion you will be disqualified for a minimum period of 12 months. However if he forms the view that you genuinely attempted, then he should acquit you after trial. Normally in these trials there must be a specific reason why you were unable to provide a specimen. The most common reason is some health problem which causes difficulty in providing a breath sample. Most of these breath machines require you to provide a continuous sample of air to allow the device to register. If you are using a medical defence you will require to produce medical evidence to back this up. If you fail to do so then the court will not normally take the view you have not satisfied the burden of proof that is required of you.

It is up to you to provide the court with a reasonable explanation why the Sheriff should acquit you from the charge.