Failure To Provide Inverness

Our client was facing four charges, namely: (1) failing to provide two specimens of breath for analysis (the most serious charge); (2) driving without a licence; (3) failing to provide information as to the identity of the driver of the vehicle; and (4) failing to provide a specimen of breath at the roadside. Upon receipt of the evidence in the case, we quickly realised that there was insufficient evidence in respect of the main charge (charge 1). This was the only charge that carried mandatory disqualification (of minimum 12 months). We approached the Crown and they rather reluctantly had to accept that we were correct. Our client thereafter pled guilty to the three minor charges and was given 6 penalty points for charge 2. The other charges were dealt with by the imposition of a modest financial penalty. Instead of losing his licence for at least 12 months, he received 6 penalty points only and was therefore permitted to continue driving. This was an outstanding result in the circumstances and demonstrates the benefit of having an experienced road traffic lawyer deal with cases that require technical know-how.

Published: 13/06/2017

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