The police have the right to request information regarding an offence involving a vehicle registered to you, and for a sample if they have suspicion that you are driving under the influence.
The police have the right to request a sample should they have suspicion that you are driving under the influence of either alcohol or drugs.
This sample can be in the way of breath, blood or urine. Failing to provide a sample can result in being charged with failing to provide a specimen and can result in a penalty.
If the police contact you regarding an offence involving a vehicle registered to you, you will normally have 28 days to respond either confirming that you were driving at the time of the offence, or providing details of who was driving.
Failure to do so is a criminal offence and could result in 6 penalty points and a fine of up to £1,000, on top of the penalties for the original offence. The combined penalty points from the two offences can therefore easily result in losing your driving licence for at least 6 months.
If you are involved in a car accident, you are legally required to stop if anyone other than yourself is injured or if damage is caused to another vehicle or property. If you fail to stop, for example if you do not immediately realise damage was caused, you must report the accident to the police within 24 hours.
Failure to do so can result in an unlimited fine, 5-10 penalty points, disqualification from driving and even imprisonment in the most serious cases.
Our solicitors will investigate the circumstances surrounding the arrest to build up a strong case to get the best outcome possible. You must have been warned by the police that you could be prosecuted if you fail to provide a sample, if they have failed to inform you of this, the case can be challenged.
You are entitled to legal advice at the police station, but the process for getting a breath, blood, or urine sample won’t wait for you to consult with a solicitor. If you’re charged with such an offence, it’s vital to seek advice immediately since CCTV evidence of the procedure is only kept for 28 days.
It’s extremely important for the police to follow all the correct procedures. If they do not, it could seriously harm the prosecution’s case. This aspect of law is very complicated, but our experts will thoroughly review the procedures that were followed. If needed, we can even bring in an independent forensic scientist to help strengthen your case.
Should you suffer from any of the above conditions or have potential defences available to you it is vitally important you have a skilled and expert solicitor to help you successfully prove this to court on your behalf.
Contact Elizabeth Bradshaw on:
Call: 01245 369889 or
email: bradshawl@gepp.co.uk
Call: 01245 343971 or email: drivingenq@gepp.co.uk or request a call back.
If you want to find out more about the services we can offer you, please feel free to get in touch.
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