Failure to Provide a Specimen Following an Accident whilst Twice the Legal Limit – Dealt with by Fine not Community Order

This driver, represented by Millicent Dooher, was required to provide a breath sample following her car coming off the road. The driver attempted to provide the sample but did not produce a full sample. The attempts showed alcohol levels of over twice the legal limit. Millicent was able to make representations before the Magistrates and persuade them to deal with the matter by way of a fine rather than the Sentencing Guidelines starting point of a community order. A disqualification is mandatory following a conviction for failure to provide a specimen, the Magistrates imposed a disqualification of 18 months, and allowed for the driver to complete a drink drive rehabilitation course to reduce the disqualification by 25%.