This offence covers a situation where a person fails to provide specimens of breath, blood or urine having been required to do so by the police.
A failure to provide a roadside breath specimen is a less serious offence because a roadside specimen is not necessary in order for the police to arrest or charge a suspect. Therefore it does not carry obligatory disqualification.
Failure to provide an evidential specimen of breath, blood or urine at a police station or a hospital carries a similar penalty to drink driving ie. a disqualification of at least 12 months. In practice, the starting point adopted by the Courts when sentencing for this offence is an 18 month disqualification as the offence is regarded as a deterrent to discourage people from deliberately failing to provide specimens.
As with drink driving, there are numerous defences that may be available to the charge in relation to both the procedure for obtaining the samples and the instructions given by the police for blowing into the evidential breath testing instrument at the police station.
It may also be possible to argue that there was a reasonable excuse for failing to provide a specimen based on a genuine inability to provide specimens on medical grounds eg. (in the case of breath specimens) respiratory problems or asthma. Where a reasonable excuse for failing to provide a specimen is raised, the prosecution must disprove it beyond reasonable doubt.
Penalty Table – Call 0800 4334 678
|Failing to Stop and Report an Accident|
|Disqualification of at least 12 months (36 months if second offence in last 10 years), Band C fine to custodial sentence of up to 6 months (sentence dependent on severity of offence, for more information contact us)|
Band A fine = 50 % net weekly income
Band B fine = 100% net weekly income
Band C fine = 150% net weekly income