Failing to Provide a Specimen Solicitor Birmingham

Section 7(6) of the Road Traffic Act 1988 creates the offence of failing, without reasonable excuse, to provide a specimen of breath, blood, or urine when required to do so under section 7. A requirement to provide a specimen arises where a constable reasonably suspects that a person has been driving, attempting to drive, or is in charge of a vehicle on a road or public place after consuming alcohol or a drug, or has committed a traffic offence while the vehicle was in motion.

The offence is complete when the person fails or refuses to provide the specimen without reasonable excuse. The prosecution does not need to prove that the person was actually over the drink or drug driving limit.

Failing to provide carries the same sentencing range as the drink driving offence itself: a mandatory minimum 12-month disqualification where the allegation relates to driving or attempting to drive. Courts often treat failing to provide as more serious than a marginal drink driving offence, as it deprives the prosecution of evidence.

A defendant has a defence to failing to provide if they had a reasonable excuse for not doing so. What constitutes a reasonable excuse is a question of law decided by the court. The following have been accepted as reasonable excuses in case law: a genuine medical condition that makes it physically impossible to provide a breath specimen (such as severe asthma or lung disease — supported by medical evidence); an inability to understand the requirement due to a genuine language difficulty; and police failure to warn of the consequences of failure before making the requirement.

Reasonable excuse is strictly construed. Phobia, anxiety, panic attacks, and deliberate attempts to evade the requirement are generally not accepted as reasonable excuses unless supported by detailed medical evidence showing a genuine physiological inability to comply.

Police must follow a prescribed procedure when requiring a specimen. The driver must be warned of the consequences of failure before the requirement is made. Two specimens of breath must be required on the Intoxilyzer or Draeger device, and the driver given the opportunity to provide both. Failure by the police to follow the required procedure may provide a defence or affect the admissibility of evidence. David advises on procedural compliance in each case.