SPECIMEN OF BREATH
If you are unable to provide a specimen of breath due to not being able to provide a sufficient flow of breath into the breath test and a result is not obtained, then no specimen of breath will have been will be provided and this will be considered as a fail.
You are then likely to be charged with the offence of failing to provide a specimen. If you can demonstrate that there was a genuine physical or medical reason as to why they were unable to provide a specimen then this could amount to a defence to the allegation.
If we consider that your failure to provide the specimen was reasonable then we will advise you as to your options. Below is a list of examples of a reasonable excuse that have arisen in cases involving breath specimens that we have dealt with which have given rise to a defence –
- Chest Infection
- Long term smoker
- Small lung capacity
- Anxiety and panic attacks
- A physical injury (ie broken jaw)
It must be stressed that with regard to any medical condition that caused you to be unable to provide a specimen of breath, we would advise that an expert report should be obtained to confirm why your physical or mental condition prevented you from providing a specimen.
SPEAK TO ONE OF OUR MOTOR LAW SPECIALISTS
Specimens of blood or urine
As with specimens of breath, there may be physical or mental reasons why a person is unable to provide a specimen of blood or urine, these can include:
- Fear or phobia of needles
- Prostate problems
Again, we would advise that expert medical evidence should be obtained to support any such reasonable excuse.
This offence is treated very seriously by the Court, as if convicted, the Court will consider that you intentionally did not co-operate with the request made by the officer for the sample requested.
If you have been charged with or are under investigation in respect of this offence, then please contact us to discuss your case and the options available to you, we will be happy to talk to you and see how we can help.