There are occasions when the police require a road user to provide a preliminary breath test at the road side. Failure to co-operate or provide the sample without a reasonable excuse could constitute an offence. In order to require the sample, a police officer must reasonably suspect that a moving traffic offence has been committed or the driver has consumed alcohol or drugs. If there has been an accident, the police officer must reasonably believe that the person was either driving, attempting to drive, or in charge of the vehicle at the time of the accident.
In relation to failing to provide a specimen a person can be required to provide a specimen of blood, breath or urine in the course of an investigation into an offence under section 4 or 5 RTA 1988.
This offence is only committed if a person fails to provide a specimen or refuses to provide a specimen without a reasonable excuse. Once a reasonable excuse has been given, it is for the prosecution to disprove. It is a question of fact whether the accused a reasonable excuse and therefore is an issue to be considered by the Court at trial before there can be a conviction.
Therefore, expert legal representation is essential.
Why choose us?
At Darton Law, our specialist team of Solicitors has experience in representing individuals accused of a variety of matters. We provide a professional and efficient service which will leave you confident that you are receiving the best advice and representation.
We know that being accused of an offence is not an everyday event. We aim to provide easy to understand information and advice so you know where you stand and what options you have available throughout the process.
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