Refusing Roadside Breath Test

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Refusing Roadside Breath Test

Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence the better.
Do not be tempted to forget about it and hope it will go away, It Won't!!!

Refusing Roadside Breath Test Offence

A person who without reasonable excuse fails to cooperate with a preliminary test when required to do so is guilty of an offence.
Road Traffic Act 1988 s6
the ‘preliminary test’ is usually the police roadside breath test and is regarded as an initial screening test to assess whether a driver may be over the prescribed alcohol limit or under the influence of drugs.

A police officer in uniform can request you cooperate with the preliminary test (roadside breath test) if he has reasonable cause to suspect the person is driving, attempting to drive or in charge of a motor vehicle on a road or public place with alcohol or a drug in his body or is under the influence of drugs.

Furthermore, a constable, whether or not in uniform can demand a person cooperate with a preliminary test (roadside breath test) if an accident occurs on a road or other public place and the constable reasonably believes the person to have been driving, attempting to drive or is in charge of a motor vehicle involved in the accident.  You should note that the power to request the preliminary test (roadside breath test) in these circumstances actually requires an accident to have taken place.

Types of Preliminary Tests

There can be 2 types of preliminary test that an officer can ask a person to take

  1. a preliminary breath test
  2. a preliminary impairment test

The driver will be observed by the officer doing specific tasks for the purpose of ascertaining whether or not the ability to drive is impaired by drink or drugs.  This preliminary test can only be done by an officer authorised by the Chief Constable and must be done where the request for the preliminary test is made or at a police station.

 - a preliminary drug test.  This preliminary test is where an officer requests a specimen of sweat or saliva for a test by an approved device.

Roadside Breath Test Fail

You should note that if you fail to take a preliminary test, the police have power of arrest.

You can only be convicted of failing to cooperate with a preliminary test if you do so without ‘reasonable excuse.’  Such an offence can cover several situations where a person has not cooperated with a preliminary test, but usually relate to a defendant being physically or mentally incapable of providing it or to so would entail a substantial risk to his health.  The inability to cooperate with a preliminary test, if caused by drink or drugs will not be a defence. If you face prosecution for this traffic offence you need a specialist drink drive lawyer to best represent your interests.

Refusing Roadside Breath Test Penalty

The maximum penalty for failing to cooperate with a preliminary test is a £1000 fine, 4 penalty points endorsed on the driving licence and the court has the power to impose a ban at it’s discretion.

Clearly, if you face a prosecution for failing to cooperate with a preliminary test, your licence could well be in danger.  This is a complicated legal area and we advise that you contact us immediately for a clear analysis of the situation.

Contact us about Refusing Roadside Breath Test

For more information regarding Refusing Roadside Breath Test then please contact us on 0800 032 5930 or email us at .


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Careless Driving

The careless driving offence actually has a very wide definition.  The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the careless driving offence can take place not only on public roads but any other place to which the public has access.  As dedicated traffic lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

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Drink Driving

Robert Bimpson is wildly acknowledged to be an expert in the defence of drink driving charges. He has been dedicated to the defence of clients since 1989 and his wealth of experience will be used to personally ensure you receive the best advice and the best possible outcome to your case.

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Driving Bans

Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’.

The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person.  We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.
In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.

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Failing to Identify Driver

The Road Traffic Act imposes a strict duty upon defendants to disclose the identity of drivers in these situations.  If you face a prosecution for failure to disclose the identity of the driver, you should contact us immediately.  We recommend that you speak to us prior to signing any documents and you should do this as soon as you receive them.
Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle.  There are, and success may well depend upon the speed with which you act when you are prosecuted.  Contact us immediately.

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Failure To Stop

In a prosecution for failure to stop we advise that you contact us immediately.  There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.
It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.
As with lot of road traffic offences, failing to stop is widely defined.  It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle.  The definition of ‘accident’ tends to be regarded in a common sense way.  Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

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Speeding Ticket

Do not assume that photographic or police evidence cannot be challenged. It can. If you believe that any evidence is wrong, you should contact us immediately.  To secure a conviction, the court has to be sure as to the accuracy of any evidence, that you were speeding. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. If the court agrees with the argument you may well avoid a driving ban.

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