Bladdered Cheshire Woman Failed to Provide Specimen

A "very intoxicated" Cheshire woman failed to provide a specimen of breath for analysis after managing to wrap her car around a lamppost.

Karen Marron, 60, of Rockfield Drive, Helsby, admitted failing to provide a specimen for analysis when she appeared recently at Chester Magistrates' Court.

It is an offence under section 7(6) of the Road Traffic Act 1988 for a person, without reasonable excuse, to fail provide a specimen for analysis when required to do so. The maximum sentence on summary conviction is a fine at level 4 and/or 3 months' custody.

Magistrates heard that police were called to a single vehicle road traffic collision in Frodsham on Saturday, 26th July 2025. On arrival they found Marron sat in the driver's seat of the vehicle, which had collided with a lamppost.

Paramedics attended the scene and concluded that the 60-year-old was "very intoxicated", but did not require any medical attention.

Marron was arrested and conveyed to North Cheshire Custody Suite, where she was required to provide an evidential specimen of breath. She made an unsuccessful attempt to provide the first specimen, which resulted in the machine timing out and her telling the officer that she "didn't understand" the instructions.

The 60-year-old confirmed that she had no medical reason for failing to provide a specimen, which resulted in her being charged with the offence.

Richard Sibeon, mitigating, reiterated that his client had tried to blow into the maching, but her "anxiety and rapid breathing" had defeated the process.

"It wasn't a deliberate refusal, but she's not going down the route of pleading not guilty", said Mr Sibeon.

"She would have liked to have provided a sample or would have had blood taken, but it wasn't offered."

The court heard that Marron had no previous convictions.

Given the circumstances, Magistrates' were of the view that the matter could be resolved by way of a financial penalty.

Marron was fined £432 and ordered to pay £173 surcharge and £85 towards prosecution costs.

She was also disqualified from driving for a period of 24 months, but can reduce that by 24 weeks if she successfully completes the drink-drive rehabilitation course.

This articles leads nicely onto a comment I recently made on X: a drink drive suspect cannot delay a breath test by requesting to speak to a solicitor. This is because any delay will result in the depletion of alcohol in their body, so asking to speak to a solicitor could be used as a tactic by unscrupulous types to escape prosecution.

It should also be noted that a drink drive suspect does not have the right to choose to provide a specimen of blood or urine in place of breath. Breath is the standard method of obtaining a specimen. The police will only offer an alternative if the evidential breathalyser appears to be defective or the suspect appears to have some legitimate (e.g. medical) inability to provide a specimen of breath. The personal preference of the suspect doesn't come into it.