Road Traffic Law

Failure to Provide a Specimen

Breathe easy. Scullion LAW is with you

The police can pull you over and if there is a reasonable suspicion that you have been driving or have been in charge of a vehicle while over the prescribed alcohol limit, you may be required to provide a breath specimen for analysis. Failure to comply could lead to your arrest and a lengthy disqualification. If this happens, you need to ask for Scullion LAW Road Traffic Experts.

Policeman performs specimen breath collection on female driver through window

Breath test machine turned on next to half drunk wine bottle

Here’s how we can help

Sound Legal Advice

We can offer guidance and find the best course of action whether you plead guilty or not guilty.

Here When it Matters Most

A conviction can have a significant impact on your life including family commitments, business and employment. We’re here to help.

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Our friendly team are on hand for a free initial consultation to talk through your case.

Clear, uncomplicated legal advice

Our award-winning team of specialist Road Traffic Defence Lawyers will advise, assist, and represent you from your initial contact with the police till the conclusion of the matter in court, should you be prosecuted by the Procurator Fiscal for failure to provide a specimen. We always ensure you receive clear, uncomplicated legal advice. Our expert Road Traffic Solicitors have a solid track record of successful Failure to Provide a Specimen cases over many years.

Young client gets advice from Scullion LAW solicitor

Trust us to fight in your corner

At Scullion LAW, we know that every client and every set of circumstances is unique. We work hard to make sure you receive clear, uncomplicated legal advice you can always trust in an open and friendly environment. We also make sure your legal fees are no obstacle and are fair, reasonable, transparent, and agreed in advance. We want you to focus on the matter in hand and trust us to fight your corner.

Top-Rated: We’re the top-rated law firm in Edinburgh, Glasgow, and the West of Scotland. We are rated 4.9/5 stars with 1000+ reviews on ReviewSolicitors.

Experienced: Advising and representing clients from all over Scotland in Road Traffic Offence cases.

Client Focused: Recognised and awarded by leading industry bodies for our excellent client work.

Frequently Asked Questions

There are two specific charges of failing to provide a specimen of breath which are covered under sections 6(6) and 7(6) of the Road Traffic Act 1988. The first of these relates to a failure to provide a preliminary breath test normally requested by police at the roadside and the second relates to failure to provide a specimen of breath at the police station.

The defence to both of these charges is that you had a reasonable excuse for failing to provide a specimen. There is no defined test as to what constitutes a reasonable excuse but the courts set a very high standard, and so generally only genuine medical conditions that prevent a specimen being given may meet that test.

If convicted of any of these offences you could be looking at:

A mandatory minimum period of disqualification of 12 months

10 penalty points (only in cases of being in charge of a motor vehicle)

Our highly accomplished team of expert Road Traffic Solicitors who have honed their skills defending failure to provide a specimen cases in every Scottish court over many years. We have a solid track record of achieving successful outcomes for our clients.

Do not risk losing your driving licence and everything that goes with it. Choose to keep driving. We cover all areas of Scotland including Glasgow, Hamilton, Lanark, Lanarkshire, Strathclyde, Edinburgh, Inverness, Bearsden, Bothwell, Uddingston, Stirling, Milngavie & Dumfries.

Keeping you driving

I contacted Scullion after being charged with some serious road traffic offences. At the first court date it turned out it was more serious than i thought! but thankfully Anna was on hand to keep me calm and make a fantastic plea deal. On the day of sentencing Urfan guided me through this and mitigated on my behalf to an outstanding level which resulted in me receiving the best possible outcome. Without their expertise, guidance and reassurance who knows what the outcome may have been. I can’t thank them enough for their service. I’m absolutely delighted with the outcome.

Michael

ReviewSolicitors

Micheal Stewart is the best defence lawyer I have had the privilege to meet. I was falsely accused of a driving offence which was an extremely worrying time. Micheal was confident from day one and put my mind at ease. Extremely friendly but exceptionally thorough from start to finish and the level of professionalism from start to finish was excellent. After this successful defence and a NOT GUILTY verdict I would recommend Micheal Stewart to any of my friends and family and to anyone else for that matter.

Warren

ReviewSolicitors

Having never needed solicitors previously Kristopher & all at Scullion LAW kept me posted from my 1st phone call to the very end result. Guided me through each stage of the process & I felt that I could ask them any question & was made to feel at ease. Great advice & can honestly say they prepared my case very well & got me the best possible outcome. Would highly recommend!

Lori

Google Reviews

Sincerely grateful to Nicholas Scullion and Kris Buchanan for representing me in court. With 30 years+ driving experience pleading Not Guilty to a motoring offence and having to go through the trial diets, at court, in person, was a first for me. From the initial contact with Nicholas and Kris, I was confident both were giving their best to achieve the best outcome. Explaining the details of the unfamiliar court process and what should be done, and when, was explained with clarity. Both were professional and knew their stuff. They had clearly thought through the possible approaches, in advance of the court dates and when in court knew what to say, and when, The result was deserted simpliciter. No hesitation in recommending Scullion LAW… Worth every penny.

Anonymous

Google Reviews

Happy road traffic client smiles with car keys in hand

Happy Scullion LAW client sits in car smiling

Female driver stands by her car smiling dangling keys

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