Failing to supply a specimen

Q: I was stopped for drink driving and taken to a police station.

Whilst there I responded "no comment" when questioned, so the breath test procedure was abandoned and I was charged with failing to supply a specimen – which carries a ban and hefty fine.

I’ve pleaded not guilty but what can I now expect?

It sounds like the police got annoyed very quickly and felt that you were being obstructive

A: The important question is what you were being asked at the time you responded by saying "no comment".

If you were asked to confirm your willingness to give a sample, the issue is whether saying "no comment" amounted to a refusal - you may be able to argue that they should have passed you the tube to see if you would blow?

If they were asking you general questions in relation to your health I don't think they can argue that saying "no comment" amounted to a refusal.

It sounds like the police got annoyed very quickly and felt that you were being obstructive. A refusal or failure can be inferred from your conduct and a failure to respond can amount to a refusal.


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FirstCar's legal expert is Emma Patterson, who runs Patterson Law, which specialises in motoring cases. If you've got a legal question, email us at info@firstcar.co.uk and we'll get Patterson Law to answer it for you. If you need the advice or representation of a great motoring lawyer, you can contact Emma or one of her colleagues, through her website.