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0161 383 8855Charged with failing to provide a specimen? A reasonable excuse is a complete defence.
This is one of the most defensible charges in motoring law, and one of the most commonly misunderstood. Free confidential consultation, callback within 1 working hour.
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Privately funded representation. Legal aid is not available for this type of case.
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Confidential and free of charge. No obligation to instruct us. We call you back within 1 working hour — Monday to Friday.
The penalties match drink driving, even though no reading exists
People assume that refusing a test is the safer option. It is not. Failing to provide carries a mandatory disqualification of at least 12 months, exactly as a conviction for excess alcohol would.
A conviction is recorded on the Police National Computer, insurance premiums rise sharply, some professions become closed to you, and some countries refuse entry to those with criminal convictions.
The charge only stands if you had no reasonable excuse
This is the crucial point, and it is the one most people do not know. Failing to provide is not an absolute offence. If you had a reasonable excuse for not providing, the charge is not made out at all.
What counts as a reasonable excuse depends entirely on the facts. Medical conditions are the most common: respiratory problems where you genuinely tried but could not produce a sample, or mental health conditions such as anxiety and panic attacks that affected your ability to consent or to understand what was being asked of you. Expert evidence is often needed to establish these properly, which is why early instruction matters so much on this charge.
What we examine in every case
- Whether a medical condition prevented you from providing — respiratory, cardiac or otherwise
- Whether anxiety, a panic attack or another mental health condition affected your capacity to consent or comprehend
- Whether the requirement to provide was lawful in the first place
- Whether the police followed the MGDD procedure and the requirements of the Road Traffic Act 1988
- Whether the instructions the officer gave you were clear, and whether that officer was properly trained
- Whether the conditions in section 7(3) were met before blood or urine was requested
- Instructing an expert to establish whether you fully comprehended the requirement
That list is not exhaustive. There are many circumstances in which a reasonable excuse argument can be advanced, and after the free consultation we will tell you plainly whether one is available to you.
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Which of these describes your case?
Failure to provide covers several situations, and the defence turns on which specimen was requested and what happened at the time.
Not sure which applies to you? That is exactly what the free consultation is for.
From your first call to your court date
No call centres, no scripts. You speak to a motoring solicitor about your own case.
We call you back within 1 working hour.
Call us or send your details. We review what has happened, explain where you stand and set out your realistic options. No charge and no obligation.
Charge sheet, court date, licence, any documents the police gave you. This is where the procedural issues that matter usually surface.
We agree the fee in writing before any work starts. You know the figure and it does not change.
We open your file, take your full statement and prepare your case for the first hearing.
Our fees, stated plainly
Defending a failure to provide charge starts at £1,500 + VAT. That is the starting point, not a quote. Once we have reviewed your case we agree a fixed fee with you in advance, and that figure does not move.
What moves the fee
- Whether you are contesting the charge or pleading guilty with mitigation
- Whether medical expert evidence is needed to establish a reasonable excuse
- The complexity of the procedural issues in your case
We are a privately funded firm and do not offer legal aid. That is a deliberate choice: it lets us give every case the time a specialist defence needs.
We call you back within 1 working hour.
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The solicitor reviewing your case
Alexander
Director · Solicitor · Higher Court Advocate
- Director of the firm
- Qualified Solicitor
- Higher Court Advocate
- 20+ years in motoring law
- Crown Court jury trial advocate
Alexander is a Director of the firm, a qualified Solicitor and Higher Court Advocate, and has specialised in motoring law for over 20 years. For much of that time he was an advocate in the Crown Court, acting for clients in jury trials, and he has acted in some of the most serious road traffic cases there are. That work built a detailed knowledge of evidence, statute and case law — and, critically in this area, of disclosure and procedure, and how to use them to a client’s advantage in court.
Alexander has significant experience across criminal road traffic cases and a particular depth of knowledge in matters involving drink and drugs. He has built a reputation for the technical expertise these cases turn on, using the law and the procedure behind the evidence to the benefit of his clients.
He also understands the value of being approachable. He takes the time to guide clients through proceedings and explain each step, so that the process itself stops being one more thing to worry about.
Alexander is not the only solicitor here. Our motoring team handles cases across England and Wales, so your matter is never waiting on one person’s diary. Whoever acts for you, road traffic law is their specialism.
Find out whether you have a reasonable excuse
This charge turns on a single legal question, and it is one worth asking a specialist before you enter a plea. The consultation is free and confidential.
- Free, confidential and with no obligation to instruct us
- You speak to a motoring solicitor, not a call handler
- An honest view of your options — including when there isn’t one
- A fixed fee agreed before any work begins
We call you back within 1 working hour.
Or call 0161 383 8855 nowRequest your free consultation
Confidential and free of charge. No obligation to instruct us. We call you back within 1 working hour — Monday to Friday.
Why this charge in particular rewards a specialist
Reasonable excuse arguments succeed on medical evidence and procedural detail. Both need someone who runs these cases regularly to spot and to prove.
Motoring law is all we do
Not one department among twelve. The procedural detail these cases turn on is our day job, not an occasional file.
Specialist advocates
The solicitor who reviews your case is the one who knows how these arguments are run in the magistrates’ court.
You get a real person
Direct contact with the solicitor handling your matter. No call centre, no ticket number.
Fixed fee, agreed upfront
You know the cost before any work starts. No hourly billing and no invoice that grows.
Failure to provide: your questions
Is failing to provide worse than being over the limit?
The penalties are broadly the same — a mandatory disqualification of at least 12 months, an unlimited fine and up to 6 months’ imprisonment in serious cases. What differs is the defence. Because the prosecution must show you had no reasonable excuse, this charge is often more defensible than a straightforward excess alcohol case.
What counts as a reasonable excuse?
It depends on the facts. Medical conditions are the most common route — respiratory problems where you tried but could not produce a sample, or anxiety and panic attacks that affected your ability to consent or comprehend. Unclear instructions from the officer and failures in the MGDD procedure also arise regularly. Expert evidence is often required, so it is worth raising early.
I panicked and could not do it. Does that help me?
It may. A genuine panic attack or acute anxiety that prevented you from providing, or from understanding what was being asked, can amount to a reasonable excuse. It usually needs to be evidenced medically rather than simply asserted, which is something we can help you put together.
What will it cost and can the price change?
Fees start at £1,500 + VAT. After the free review we agree a fixed fee with you in writing, and that figure is what you pay. It does not change unless the scope of the work changes and you agree to it first.
How quickly will you get back to me?
Within 1 working hour, Monday to Friday. If you contact us outside those hours, leave your details on the form and you will hear from us at the start of the next working day.
What if I refused because I did not trust the procedure?
Distrust of the equipment or the officer is not generally a reasonable excuse on its own. But if the requirement itself was unlawful, or the procedure was not properly followed, that is a different argument entirely — and one that goes to whether the prosecution can prove its case at all.
Do you offer legal aid?
No. We are a privately funded specialist firm and legal aid is not available for this work. Our fixed-fee structure exists so you know exactly what you are committing to before you commit to anything.
Do you cover my area?
We represent clients in magistrates’ courts across England and Wales. Our head office is in Chorley, but where your case is being heard does not restrict who can act for you.
Reasonable excuse has to be raised, evidenced and argued
It will not be handed to you by the court. Find out whether you have one, free of charge.
We call you back within 1 working hour.