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DR70 conviction incorrect?

BraveDave23

Member
Hi, I was disqualified from driving after failing to provide a sample for a drug test. My disqualification has now ended but when checking my license on the DVLA website one of the conviction codes appears incorrect. This is causing a problem getting car insurance as the insurers want details of a conviction which I can’t explain because it did not happen.

There are two conviction codes on the DVLA site, DR30 and DR70.
DR30 is correct: Driving or attempting to drive then failing to provide a specimen for analysis.
DR70 is incorrect: Failing to provide a specimen for “BREATH” test.

I was not requested to provide a breath test so this is incorrect.

The DVLA told me to contact the court which I did, but they emailed back saying the DR70 conviction relates to failing to provide a roadside drug wipe. But as said DR70 means failing to provide a specimen for breath test, not a drug wipe. I believe this is covered in the DR30 conviction.

Please advise what I should do about this matter.

Thanks,
David.
 

Martin Hammond

Solicitor
Good afternoon,

Whilst it is frustrating that you have already made the relevant enquiries with the DVLA and the Court, you need to contact the Court again in order for them to contact the DVLA to provide the correct conviction code. DR30 is the correct conviction code for failing to provide a specimen for analysis (breath, blood or urine) . DR70 is failing to co-operate with a preliminary roadside screening test.

All I can suggest is that you are persistent with the Court until they amend the conviction code.

Kind regards,
 

BraveDave23

Member
Thanks for your response. I did email the court again and they said they’ve now emailed the DVLA to check the conviction code.

I already have a DR30 for this conviction, which is for failing to provide a specimen (at police station).

My concern was that DR70 is just used for breath samples?

But you say DR70 is for the “preliminary roadside screening test”. So is it the correct code for failing to provide a drug swap at the roadside? Or is it just for breath?

Thanks.
 

Martin Hammond

Solicitor
Section 6 of the Road Traffic Act 1988 is the relevant act in relation to 'power to administer a preliminary test' (alcohol and drug). You cannot have a breath test for a drug test, it is a saliva swab test. DR70 is the correct code for failing to cooperate with a roadside preliminary test (breath or swab test).

I would certainly suggest pressing the Court for them to confirm the exact charge in which you were convicted. You should be able to request a copy of the Court record which will have the relevant conviction information recorded.

Best wishes,
 
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