Drink Driving
For all RTA enquiries please call us now on : 0207 061 3690
If you are facing a Drink Driving Ban the implications of this offence may be very
serious as a ban may lead to the loss of your job, affect your personal relationships,
the loss of your car plus a criminal record.
Our road traffic specialist will first check whether any of the defences apply to
your case, check that the police have followed the correct procedures and if a guilty
plea is the only option we will do everything we can to ensure you receive the most
lenient sentence possible.
Possible “special reasons” why the court may not disqualify you:
Spiked or Laced Drinks
You will need to show that:
- The drink was “laced” or “spiked” i.e. alcohol added without your knowledge
- You didn’t know or suspect that the drink was “laced”
- If your drink had not been spiked/laced that you would have been below the limit.
Medical evidence may be required to prove this point.
However, where blood-alcohol levels are high, the court may consider that you would
have known or should have realised that you were not in a fit state to drive.
Drink Driving While Under Duress
If you are able to show that you were in genuine fear of suffering death or serious
physical injury and only drove the vehicle in order to avoid the threat then this
is a potential defence.
The court will look at whether there was good cause to fear death or serious injury
and whether a sober person of reasonable control would have acted in the same way.
Medical Emergency
A sudden medical emergency could justify you having to drive so this is also a potential
special reason.
Shortness of Distance Driven
The shortness of distance driven can also be considered as another special reason
but only if the actual distance driven meant you would have been unlikely to have
come into contact with other road users.
Technical Defences
If the police have made a procedural error this may raise enough doubt for the court
to return a Not Guilty verdict.
For example if your Breath Test reading is between 40 and 50 you can choose to replace
the breath specimen by supplying a blood or urine sample
If the officer has failed to inform you of the option to have a blood or urine test
you will be acquitted.
Reasonable Excuse
If you have been charged with failing to provide a specimen you can only be convicted
if you did not have a reasonable excuse for failing to do so.
Previous recorded reasonable excuses were:
- In Harding [1970] a “reasonable excuse” was said to exist where the defendant lost
confidence in the doctor’s ability after the doctor had made 3 unsuccessful attempts
to take blood.
- In DPP v Pearman [1992] the court held there was a “reasonable excuse” where the
defendant was suffering from stress and was in a distraught state, sobbing continuously
and becoming unable to breathe properly.
In cases like this supporting medical evidence has to be provided.
No Likelihood of Driving
Another defence is to prove that there was no likelihood of driving the vehicle
while over the limit. For example arranging for someone else to drive or taking
a room at a local hotel.
The key to putting forward a defence for drink driving is careful case preparation.
We specialise in defending drink driving cases and our team will quickly identify
the positive aspects and confidently defend your case.
Punishment
- A 12 month mandatory disqualification for the 1st offence or 3 years for 2nd offences
within a 10 years period
- A fine of up to £5,000 and/or
- 6 months imprisonment/community service
The length of the disqualification will also be dependant on the amount of alcohol
consumed.
The table below shows you the length of disqualification in comparison to the level
of alcohol found in your sample:
Magistrates Court Sentencing Guidelines
|
Breath
|
Blood
|
Urine
|
Disqualification
Not Less Than
|
Guideline
|
|
26-55
|
80-125
|
107-170
|
12 Months
|
Fine
|
|
56-70
|
126-160
|
171-214
|
16 Months
|
Fine
|
|
71-85
|
161-195
|
215-260
|
20 Months
|
Fine
|
|
86-100
|
196-229
|
261-308
|
24 Months
|
Community Penalty
|
|
101-115
|
230-264
|
309-354
|
28 Months
|
Community Penalty
|
|
116-130
|
265-300
|
355-400
|
32 Months
|
Prison
|
|
131+
|
301+
|
401+
|
36 Months
|
Prison
|
If your only option is to plead Guilty we will focus all our attention on mitigation
(lessening the severity of the offence) and try to obtain the lowest sentence possible.
We’ll put forward a plea of mitigation setting out valid and convincing reasons
as to why the court ought to view your case with some empathy, and take those reasons
into account before sentencing you. We will also inform the court of all your personal
circumstances to ensure the Magistrates fully understand what effect a disqualification
would have on you.
We’ll also obtain character references for you and submit these to the court, in
advance of the hearing, laying the foundations for a positive result.
We will, of course, keep you informed of every hearing date and arrange the best
representation for you. Through our experience we have carefully selected experts
and barristers who have demonstrated they are the best in the field to defend such
cases. As a result, our road traffic specialist team have achieved a high rate of
success.