Failing to provide specimen for analysis (drive/attempt to drive)

This offence is dealt with by the Magistrates Court.

If convicted of this offence then the maximum penalty varies according to whether it is alleged the defendant was driving or in charge.

If the defendant drove or attempted to drive a motor vehicle on a road or public place then the maximium is

  • a fine of up to £5000 and/or
  • a 6 month term of imprisonment.

In addition the Court must disqualify for at least one year unless there are special reasons. The defendant may also be ordered to take a test again. Also the Court must endorse the licence with between 3-11 penalty points unless special reasons exsist.

For a subsequent offence committed within ten years of a previous conviction then the Court must disqualify for at least three years and must endorse unless special reasons.

A previous conviction for driving (or attempting to drive) a motor vehicle when unfit through drink or a previous conviction for driving (or attempting to drive) with alcohol over the prescribed limit count as a previous conviction for this offence.

If the defendant was in charge of a motor vehicle on a road or a public place the maximum is

  • a £2500 fine and/or
  • a term of 3 months imprisonment.

The Court may disqualify for any period and/or until a driving test has been passed. In a addition the Court must endorse unless there are special reasons with 10 penalty points.

To discuss any available defence such as good reason please contact us.

McKenzies Solicitors, are experts in motoring law. We have a dedicated team who have over 60 years of combined experience in dealing with such matters. To discuss your case in more detail with a specialist soliictor please call or email using the form below.

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