Failure to Provide Sample

If you’ve been charged with failing to provide a sample of breath, blood or urine then you must act QUICKLY. The police will have arranged the earliest possible court hearing – THEREFORE TIME IS OF THE ESSENCE, AND TIME IS NOT ON YOUR SIDE!

Remember failing to provide a sample of breath, blood or urine will have major repercussions for you, your family and woking life: a very high reading could lead to imprisonment.

How will you survive a 12 month + driving ban, because that is what you face if found guilty?

Help is at hand but you need to make that first call – for a first consultation – which will not cost you a penny!

My task, if you then choose to use me, is to obtain the best possible outcome for you in a difficult and frightening situation!

This involves, by way of example:

  • Checking police procedures – if they’ve fouled up then that could be the end of the case!
  • Checking the calibration of the breath machine – if it wasn’t operated properly then that could be the end of the case!
  • Checking each and every element of the charge you face – if something has been missed then that could be the end of the case!
  • Checking if there was some interfering substance in the breath sample – if there was then that could be the end of the case!
  • Checking if you have a specific defence – if you have then that could be the end of the case!

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There are 2 forms of the offence of failing to provide, which can be committed (i) at the roadside, (the preliminary sample) or (ii) the evidential sample, usually at a police station.


The purpose of the roadside sample is to confirm or disprove the officers suspicions concerning whether or not you have been driving with excess alcohol. Such tests should not happen randomly though clients frequently feel, rightly or wrongly, that that is exactly what has happened to them. If, without reasonable excuse, you fail to provide a preliminary sample then you will be prosecuted. The punishment is 4 penalty points, or a discretionary disqualification, and a fine up to £1000: please note that even if it is later proven that you were not over the drink drive limit you can still be prosecuted for the offence.


A loophole or, put more accurately, a defence to the allegation is whether or not you had a “reasonable excuse” for failing to provide.


The evidential specimen is usually one of breath (though it can be blood or urine) and is normally required of a driver at a police station, following that drivers arrest for failing the roadside test. It is an offence, without reasonable excuse, to fail to provide the specimen required and it carries a maximum prison sentence of 6 months; a fine of up to £5000 and a minimum driving disqualification of 12 months. In my experience if the Magistrates’ believe there is independent evidence of excess alcohol consumption then the disqualification and other punishment can be substantially worse.

Choosing a Lawyer

Some common sense observations may help

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“Look at our success rates – read our statistics!”


You know what some say about statistics! Don’t just accept the hype! It’s your money -­ you have a right to know.
  • How many clients pleaded guilty?
  • Did the prosecution witnesses turn up for the trial?
  • Was the prosecution case weak?
Real victories are where the verdict could have gone either way!


“We use specialist barristers!”


If the solicitors are “road traffic specialists”, why the need (with your money), to use a “specialist barrister” anyway? You pay for both barrister and solicitor! With Julian Harris there is just his fee: and you have the benefit of his 30 years experience. Your saving could be considerable!


“We offer direct personal contact!”


Does the solicitor give such guarantee or will you find yourself dealing with his secretary or some junior lawyer? Julian Harris deals with your case, from start to finish. You deal only with him -­ nobody else!


“We deal with your case from start to finish!”


Is the solicitor qualified to represent you in the Crown Court if you appeal?


“Read our testimonials!”


These are what you really need to study: real comments written by real client’s. Read what satisfied client’s have said about Julian Harris –

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Julian Harris


T. 020 3613 4308