Cunninghams Solicitors » Failure to provide a specimen

Failing to Provide a Specimen of Breath for Analysis – West Berkshire

cunninghams — Mon, 07 Nov 2011 13:35:45 +0000

Carl Millar recently represented Miss T at Newbury Magistrates Court, West Berkshire. The allegation against Miss T was that she had been driving whilst under the influence of alcohol, but the Crowns’ evidence was that she deliberately refused to provide a specimen of breath for analysis at the police station. An offence of failing to provide a specimen of breath is deemed more serious by the Magistrates than an allegation of drink driving.

Carl advanced a reasonable excuse of having a panic attack at the police station for Miss T not being able to provide a specimen of breath for analysis. Carl instructed a psychiatric expert known to him, to prepare a report in relation to the possibility of this defence.

As a matter of law, once a reasonable excuse is advanced in the circumstances, it is for the prosecution to disprove or negate this beyond any reasonable doubt. At the trial, the prosecution made an application to vacate the trial date in order for them to instruct their own expert, but Carl opposed this application and made strong representations that the Crown had had plenty of time in which to instruct an expert and indeed, the expert that Carl instructed was independent in any event. Carl’s skilful advocacy ensured that his opposition to vacate the trial date was successful, and he also pointed out that the Crown had only provided vital evidence the day before the trial, despite a number of requests from Cunninghams, proving further that the Crown had not prepared their case properly. As a result of the opposition to vacate the trial, the Crown were unable to disprove the reasonable excuse advanced and therefore offered no evidence and the case therefore did not proceed and the prosecution withdrew the case against Miss T.

Obviously, Miss T was delighted with the outcome and a defendants’ costs order was granted. This means that Miss T is entitled to apply for a reimbursement of her fees incurred for Cunninghams Solicitors to represent her.

A defendant should always be acquitted whereby a reasonable excuse has not been negated by the prosecution. This could be physical in the context of, for example a decreased lung capacity. More usually, the reasonable excuse will be mental in the context of an anxiety or a panic attack and it is strongly recommended that this is supported by a medical experts’ opinion, although this is not always necessary.

We represent clients on a nationwide basis covering the whole country, including Manchester, Birmingham and London, in any drink driving related case – be it driving with excess alcohol (drink driving), failing to provide a specimen of breath for analysis and driving whilst unfit through drink or drugs.

Failing to provide specimen of breath for analysis – North Tyneside Magistrates Court

cunninghams — Fri, 22 Jul 2011 10:27:46 +0000

Carl recently represented Miss L at North Tyneside Magistrates Court in respect of an allegation of failing to provide a specimen of breath for analysis. Carl has recently had a spate of cases in the North East representing clients in relation to driving with excess alcohol and failing to provide specimens of breath cases in Newcastle and Houghton Le Spring.

In Miss L’s case, the Magistrates’ Court Guildelines suggest three levels of seriousness. Unfortunately, Miss L was within the most serious level, which meant she could face a custodial sentence with a starting point of 12 weeks custody. The police suggested that Miss L was very drunk and therefore seriously impaired. Strong mitigation was presented by our Mr Millar and the Magistrates were persuaded by him to offer the most lenient sentence due to Miss L being of good character and having no previous convictions. She received a 12 month period of disqualification, reduced to 9 months upon completion of the Drink Driver’s Rehabilitation Course. This was an extremely lenient sentence in the circumstances.

Failing to provide a specimen

admin — Fri, 17 Jun 2011 18:36:45 +0000

Carl Millar recently represented Miss B at Hendon Magistrates Court in London in relation to an allegation of failing to provide a specimen of breath for analysis (in charge) and being in charge of a motor vehicle whilst unfit through drink or drugs. Carl was able to persuade the prosecutor to discontinue the allegation of failing to provide a specimen of breath and the client pleaded guilty in respect of the allegation of being in charge of a motor vehicle whilst unfit through drink or drugs. After lots of persuasion, the Magistrates agreed not to disqualify the defendant and, instead, endorsed her licence with 10 penalty points.

Failing to Provide a Specimen of Breath for Analysis – Special Reasons found

admin — Mon, 13 Sep 2010 09:50:08 +0000

Cunninghams were recently instructed by Mr P in relation to proceedings before Newcastle upon Tyne Magistrates Court. Mr P was charged with a single offence of failing to provide a specimen of breath for analysis. Whilst it was fair to say that Mr P did refuse to provide a specimen when required to do so. However, Mr P had originally been arrested whilst driving around the private housing estate in which he lived. It was argued that Mr P had no intention of leaving the confines of the housing estate and, therefore, as he had not committed a driving offence, they accepted that this was a special reason not to disqualify Mr P from driving in the circumstances. He was fined and his licence endorsed with 6 penalty points. Had he been convicted of the offence and special reasons had not been found he could have expected to have been disqualified for a period of at least 18 months.

Failing to Provide a Specimen – minimum ban

admin — Fri, 02 Oct 2009 21:55:55 +0000

Cunninghams Driving Defence Solicitors represented Mr O who pleaded guilty to an offence of failing to provide a specimen of breath for analysis. Magistrates Court Sentencing Guidelines have recently been changed and Magistrates are now encouraged to deal with offences of this nature by way of lengthy periods of disqualification and, in certain circumstances, with community orders or custodial sentences. Despite this, Cunninghams Driving Defence Solicitors were able to compile a detailed mitigation package for Mr O and he was ultimately sentenced to the minimum 12 month disqualification period at Richmond upon Thames Magistrates Court in Surrey. He was also afforded the opportunity to attend the drink drivers’ rehabilitation course, which will reduce his ban by a further 3 months

Failing to provide a specimen

admin — Fri, 27 Feb 2009 22:03:54 +0000

Miss N was arrested for drink driving. The reading in breath at the roadside was over 100. At the police station she provided a further two samples of breath for analysis, albeit in different cycles. The police incorrectly charged her with failing to provide a specimen. The case was discontinued by the prosecution the night before the trial, which was due to take place at Stroud Magistrates Court in Gloucester. A defendants’ costs order was awarded entitling her to full reimbursement of her fees.