This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Charged With Failing To Provide A Breath Sample
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How to fill out Motion To Quash, Dismiss, Or Set Aside Criminal Charges For Failure To Prosecute?
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Failing to provide is a serious offence that can carry a period of imprisonment, as well as a lengthy disqualification. You may not realise that you have a full defence to the allegation and do not have to plead guilty. We regularly avoid disqualifications for clients charged with failing to provide.
If you are arrested on suspicion of drink driving but subsequently charged with fail to provide, then you are still looking at a minimum 12 month disqualification and in extreme cases, conviction on a fail to provide offence can result in 6 months' custody. It is very much as serious an offence as drink driving itself.
What is the law on Failing to Provide a Specimen? Under sections 6 & 7 of the Road Traffic Act 1988, it is an offence if a person fails - or refuses - to provide a specimen of breath, blood or urine when lawfully required to do so, unless that person has a reasonable excuse for any such failure.
The maximum possible sentence for failing to provide a specimen of breath is six months' imprisonment and an unlimited fine. However, depending on circumstances, many sentences involve disqualification of driving for a set period ranging from 12 months to 60 months.