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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.
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.
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They helped me expertly when I really needed it. Diligent, professional, highly knowledgeable and considering what I was facing, absolutely amazing value.
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