Failing to Provide Sample Solicitors

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FAILING TO SUPPLY A BLOOD SAMPLE FOR ANALYSIS AND THE PENALTIES (DR60 OFFENCE)

Failing to provide a blood sample when asked to do so by the police is a DR60 Driving Offence with very serious consequences.

A DR60 Driving Offence is viewed by the courts as an extremely serious charge and is treated almost as seriously as drink driving.

The minimum penalty for a DR60 Driving Conviction is a 12 month minimum ban, but as a measure of how seriously this offence is taken by the Courts, magistrates will normally impose a ban of 18-24 months’ unless strong mitigation is shown.

In extreme circumstances, this type of offence could even carry a community or custodial sentence, so it’s imperative you take immediate advice from expert drink driving solicitors at the earliest time possible

If you have been accused of failing to provide a blood sample for analysis, we can assist you in contesting the charge. There are routes of defence available for a DR60 Offence.

As motoring offence specialists we have defended many drivers who have found themselves in this situation and been highly successful in achieving the best possible outcome.

We are highly experienced in handling these types of cases and know the law inside out. If you have a legitimate reason that would constitute a reasonable excuse in the eyes of the courts, we will find it.

If you are facing prosecution for failing to provide a blood sample, call our team today on 0161 832 3852 or complete the enquiry form below.

James Hurst
James Hurst
17:52 25 May 22
I approached Brian due to totting up points on my licence. Three more points could have resulted in me being disqualified from driving and as a Courier this would have cost me my Livelihood.Brian... decided that the best route to take would be to enter a plea of exceptional hardship. He explained everything clearly and guided me through the process whilst reducing the considerable stress I was under.His efforts secured me the best possible outcome. Not only did I keep my licence, I also received the lowest possible fine.I can't recommend Brian highly enough and would urge anyone in similar circumstances to contact Brian Koffman & Co Solicitors without hesitation.Thank you Brian.read more
eleanor perretta
eleanor perretta
15:48 23 May 22
I have just contacted Brian to get some advice regarding a motoring offence - as the website indicates they pride themselves on these cases.It was my first experience of having a penalty of this... nature and was looking to instruct a solicitor to gain some advice on the best steps.He was incredibly blunt and rude. He compared my enquiry to the likes of a doctor seeing a patient with no knowledge of the symptoms? Despite me being on the phone to answer any questions regarding the offence in question.Completely bizarre and rude, with him then hanging up on me.read more
Surojit Sen
Surojit Sen
18:53 31 Mar 22
I would like to say a big Thank to Mr Brian Koffman. I’m so pleased to say that he has dealt my case so well. I had no prior experience to attend the court in my life. He made me everything clear... about what I will be expecting on my hearing. He explained everything step by step which has definitely helped me a lot.He is such a brilliant lawyer. He made me win the case. He is very professional, honest and an experience lawyer. I do highly recommend him. I’m giving him 5 stars. Thanks a lot.read more
Kell h
Kell h
19:53 24 Feb 22
Excellent solicitor very good at what he does. yes I would recommend, outstanding results in the court room very inpressed. thank you Brian.
Shohib Shah
Shohib Shah
13:01 17 Feb 22
Where do I start from I mean It was a fantastic experience, Mr koffmans level of service and professionalism is just at very high level and would recommend them to everyone and just can't thank him... enoughread more
Ahdil Hussain
Ahdil Hussain
02:39 10 Feb 22
EXCELLENT SERVICE you won’t be disappointed that’s all I can say …..
spencer orme
spencer orme
12:17 20 Dec 21
Brian was fantastic with his services, his professionalism, his extensive knowledge put me at ease. Everything he did was to the absolute best of his ability. I can’t thank him enough for... representing me in my caseread more
Tim Gill
Tim Gill
15:37 07 Dec 21
Very professional service with attention to detail. Highly recommended!
Steven Brown
Steven Brown
20:23 30 Nov 21
I recently enlisted the services of Brian Koffman to represent me in court for a speeding offence.Right from my first discussions with Brian I found him very friendly and highly professional.He... explained everything in detail and in an easy to understand method.In court Brian put my case forward with great experience and professionalism and we both got the outcome we hoped for.I wouldn't hesitate in recommending Brian to anyone.read more
Hamid Mian
Hamid Mian
16:48 18 Nov 21
I needed immediate legal assistance regarding a recent motoring offence. Mr. Brian was very professional and talked me through the case and my options. I would highly recommend to anyone in need of... legal advice.read more
Cameron Bruce
Cameron Bruce
19:24 18 Oct 21
Brian was very helpful and communication was brilliant throughout the process. He got me the best possible result on the day without the need to attend court. Would highly recommend his services.
Shananay Watson
Shananay Watson
16:10 13 Oct 21
I searched endless for a trusted motoring solicitor and couldnt find anyone i deemed suitable until B.Koffman & Co.In recent months Mr. Koffman has dealt with everything associated with my Fathers... case from phonecalls to documentation ect.Upon first meeting Mr. Koffman explained in detail what repercussions my Father could face as a result of his driving offences, following our understand Mr. Koffman immediately turned his attention to how he could help.With afew meetings and several telephone calls a decision was made on how to proceed, following this Mr. Koffman travelled to us in order to attend court & won our case!I cannot recommend him enough, everything was done to perfection and no stone was left unturned.5* absolutely.If ever you have a motoring issue Mr. Koffman is the man to see.We have already recommended him to friends and will continue to do so.Thank you again Mr. Koffmanread more
Emma Bingham
Emma Bingham
18:12 24 Sep 21
I went to Brian when I received a letter due to a driving offence. He fully explain what I was being charged with and the options that were available to me. Brian represented me in court and in the... end managed to achieve a better than expected outcome. I would have no hesitation in recommending Brian to anyone and highly recommend.read more
Andrew Ritchie
Andrew Ritchie
14:53 28 Jul 21
I cannot thank Brian enough for the amount of commitment he put in to my case! He was able to explain the court process in simple terms, and I felt at ease knowing that someone so highly professional... was dealing with my case. His advice resulted in the case being dropped and it ended in my favour. After my experience I would definitely recommend Brian, as he handled everything so efficiently. If anyone is looking for a motoring and criminal law solicitor that goes above and beyond, Brian is YOUR MAN!read more
Chris Edward
Chris Edward
13:47 06 Jul 21
I highly recommend the team at Motoring Offence Solicitors. They helped me expertly when I really needed it. Diligent, professional, highly knowledgeable and considering what I was facing, absolutely... amazing value. Thank you Brian and teamread more
Ged Cosgrove
Ged Cosgrove
18:17 13 Jun 21
I have had to use Brian’s services on a few occasions and have also recommended his services to clients, friends and family. I have always found Brian to be professional In my dealings with him, he... explains everything in layman’s terms and has always advised as to the right course of action. I have never been disappointed and have always been happy with the final outcome.read more
Louis Barron
Louis Barron
14:20 11 Jun 21
I called Brian at very short notice about handling a case for me and he was incredibly helpful straight away - he clearly explained the situation and my options, and represented me at court to... prevent me having to travel across half the country.He got me the outcome I requested and I couldn't recommend him or his services highly enough. I chose him from his excellent google reviews just like this one, and now can see why he is so highly regarded!Thanks again Brian.read more
Emma Wright
Emma Wright
11:37 11 May 21
I cannot thank Brian enough for all his hard work involved in helping me get the best possible outcome for a recent motoring offence. Brian has been very responsive and articulate throughout the... whole process which has made me feel at ease knowing I am dealing with a professional at the scary time of preparing for and going to court. I will recommend Brian to anyone who needs a professional to help them with any motoring offences.Hopefully, I never need to use you again, but if I do, you will definitely be the solicitor I use.Thank you again for helping me.read more
Andrea Lumb
Andrea Lumb
10:59 23 Apr 21
I have recently had the pleasure of dealing with Brian regarding a motoring offence for a close friend of mine. Brian has been amazing throughout the whole process with regular and clear... communication. Brian is professional and extremely knowledgeable in his field of expertise. Furthermore, and more importantly, Brian managed to get my friend the best possible outcome that we just didn’t think was possible. Hopefully, I never have to use Brian personally, however if I do commit a motoring offence, he will definitely be the man I call. I have already referred a family member of mine to Brian as I know he will be taken care of.Brian, thank you once again for all your hard work which in turn gave us the best possible outcome.read more
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WHAT MIGHT BE A DEFENCE AGAINST A CHARGE OF FAILURE TO PROVIDE A BLOOD SAMPLE?

Failure to provide a specimen is dealt with by Section 7 of the Road Traffic Act 1988.

It is a defence to this charge if you have a reasonable excuse for failing or refusing to provide a sample when requested.
Some possible defences against a charge of failure to provide a specimen for analysis are as follows:

  • It could be argued that the individual was not driving, or had no intention of driving, at the time when the police requested a sample. If this can be proven, then it would provide a defence against the charge.

  • It might also be argued that the breathalyser machine was not working properly at the time. This could be due to a number of reasons, such as an issue with the equipment itself or incorrect calibration by police officers. If this can be proven, it would provide a defence against the charge.

  • If an individual has a genuine phobia of needles, this may also be accepted as a reasonable excuse for failing to provide a specimen. This would need to be supported by evidence from a medical professional in order to be successful.

  • Additionally, if the police did not inform an individual that refusing or failing to provide a sample is an offence, this may also serve as grounds for dismissal of the charges. In order for this defence to be successful, there would need to be evidence demonstrating that the police officer in question failed to inform the defendant of their legal obligations.

This is not an exhaustive list, so you should always seek legal advice from an experienced DR60 Defence Lawyer if you are facing a DR60 Conviction.

WHAT IS NOT A DEFENCE AGAINST A CHARGE OF FAILURE TO A BLOOD SAMPLE?

There are a number of situations which suspects commonly attempt to use as defence, but do not amount to a reasonable excuse in the eyes of the law.

These include:

  • Agreeing to provide a sample and then refusing or failing to do so.
  • Remaining silent. The right to remain silent does not apply to these procedures.
  • Insisting on seeing your solicitor before giving a sample. It is known that suspects use this tactic to delay matters in the hope they will sober up before the sample is taken.
  • Refusing to give a sample on religious grounds.

WHY CHOOSE THE DRINK DRIVING SOLICITORS AT BRIAN KOFFMAN & CO.

Contact us under no obligation and we can review any evidence against you and advise you on how to best put together your defence. We have extensive knowledge of the detailed technical laws relating to the charge of failing to provide a blood sample and can advise you on whether a reasonable excuse may arise in your case. For instance, after asking a driver to provide a blood sample, the police must explain that failure to do so may lead to prosecution. If this warning is not given, then the driver will not have committed an offence.

In addition to not following correct procedures, failure in the testing equipment could also be grounds for securing an acquittal. Other reasons that may constitute a legitimate excuse could include a medical condition suffered by the driver, or a genuine phobia of needles. This would need to be supported with expert evidence.

CONTACT US TODAY

If you have been charged with failing to provide a blood sample, this may not necessarily result in a conviction if you have a valid excuse.

To speak to a member of our legal team please call Motoring Offence Solicitors. We offer the very best privately funded Drink Driving Defence representation to clients in Manchester and across the whole of the UK.

Call our team today on 0161 832 3852 or complete the enquiry form below.

WE FIND SOLUTIONS TO THE MOST CHALLENGING CASES

Find Out How We Can help You

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