The client was charged with failing to provide a specimen. The client fled the scene at the time of arrest after the officer requested a roadside breath sample. The issues were the police had failed to give the statutory warning and the police had prosecuted the case under the wrong section of the Road Traffic Act as fail to provide at the police station. At the second hearing listed for trial Laura Heywood (gold panel lawyer) persuaded the prosecution to amend the charge to the less serious fail to provide (preliminary sample) offence resulting in 4 penalty points and no driving ban.