Specimens Very,1

If you fail to give details and failure to provide a specimen – we always at your side

Thomas Edison succeeded with the invention of the light bulb by eliminating all the things that didn’t work-more than a 1000 so called failures. Walt Disney created Disney Land from bankruptcy by successfully visiting over 400 banks before he found one that would lend him the money.

It is not possible to accurately judge the choices of others-what appears failure to one is actually success in progress to another. Self judgment is worse than any judgment declared by another because it is personal and you believe it. Judgment by another is simply a demonstration of personal thoughts and is not your truth. Judgment is never a correct observation of any circumstance.

To prove that you have committed this offence, the prosecution have to show that your driving has fallen far below the standard of the competent and careful driver and also that it was obvious to a competent careful driver that the manner in which you drove was dangerous, i.e. that there was a considerable risk of damage or injury.

The most common circumstances in which a Notice of Intended Prosecution will be sent to the registered keeper is for offences such as speeding offences detected by automatic camera or traffic light contraventions, usually supported by photographic evidence. However, there are also other circumstances when a Notice of Intended Prosecution can be sent to the registered keeper. We give advice on failure to give details.

When a requirement for the driver’s details is made, the “person keeping the vehicle” has a statutory duty to provide the driver’s details or any other person can be asked to “give any information which it is in his power to give and may lead to identification of the driver”. It is an offence under s172 of the Road Traffic Act 1988 if you do not provide the necessary information in the required format.

Sometimes, it may be the case that you are unsure as to who was driving at the relevant time. You are obliged to take reasonable steps to establish who was driving. If you have used “reasonable diligence” to try and establish who was driving but have still not been able to, you may still receive a summons for the offence of failing to provide the driver’s information. However, if you show the Court that you used “reasonable diligence”, this may provide you with a defence.

It is an offence to fail to provide a specimen for analysis when requested by a police officer unless there is a reasonable excuse for not doing so. The specimen required may be one of breath, blood or urine.

It is a difficult area of law which often involves a comprehensive legal understanding of the statutory procedure and knowledge of the key issues to look for. It may also be crucial to seek various expert opinions to support the case and assist in the preparation of a defence.

Many people assume incorrectly that the penalties for failing to provide a specimen are more lenient than those of drink-driving. Obviously it will depend on the circumstances of each particular case, but the Court may impose a prison sentence and a fine up to £5,000 in the most serious cases.

About the Author

We are expert advice on failure to give details and failure to provide a specimen. For more information visit our site at Freemankeepondriving.com.

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