Beyond the Breath Test: Understanding Failure to Provide

Understanding the Charge of 'Failure to Provide an Evidential Specimen'

In the realm of motoring offences, the charge of 'failure to provide an evidential specimen' is a serious matter that is often misunderstood. This offence is governed by Section 7 of the Road Traffic Act 1988 and is treated with the same severity as drink or drug driving offences.

What Constitutes the Offence?

A person commits this offence if, without reasonable excuse, they fail to provide a specimen of breath, blood or urine when required by a police officer. This requirement typically arises when an officer has reasonable grounds to suspect that a driver has been drinking or is under the influence of drugs. The specimen must be provided at a police station, and the failure to do so can lead to prosecution.

The penalties for this offence can be severe and are often comparable to the highest drink/drug driving bands.

Reasonable Excuses for Not Providing a Specimen

There are instances where an individual may have a reasonable excuse for failing to provide a specimen. Common medical conditions that may be considered reasonable excuses include:

• Asthma or other respiratory conditions (for breath)

• Phobia of needles (for blood)

• Prostate problems or urinary tract infections (for urine)

It's important to note that these excuses must be supported by credible medical evidence. Without such evidence, the court is unlikely to accept the excuse, and the individual may still face conviction.

How ATXpert can assist

When defending against a charge of failing to provide a specimen ATXpert can assist with evaluating the following avenues:

• Procedural Errors: If the police did not follow the correct procedures also known as ‘operator error’. ATXpert will review the CCTV footage and evidential specimen procedure forms to ensure that each step has been followed correctly.

• Medical Inability: If the individual was physically incapable of providing a specimen, such as in conditions with reduced lung function (this must be substantiated with medical evidence/lung function tests).