Caught Drink driving?
Want to avoid drink driving penalties?
Read on...
GA London, March 2010
One 5 minute call could save your license.
call Chris Sweetman now on 0800 141 2620 or 01829 770903
drunk driving or driving with alcohol above the prescribed limit
Drink drive law as detailed in the Road Traffic Act 1988 makes it an offence to drive or attempt to drive a motor vehicle on a road or public place with excess alcohol in your breath, blood or urine above the prescribed limit.
Those limits are: -
35 micrograms of alcohol in 100ml of breath;
80 milligrammes of alcohol in 100ml of blood;
107 milligrammes of alcohol in 100 ml of urine.
If you have been caught drink driving the police must follow strict procedures at the roadside and the police station in relation to your legal rights, medication, medical or mental health problems that you may have had at that time. If they do not then a specialist drink drive solicitor will argue to have the case dismissed.
There are also very strict procedures to be followed during the drink drive procedure and failure to follow these rules may result in evidence of your breath/blood/urine sample readings being excluded.
Whether you were ‘driving’ or ‘attempting to drive’ will be a matter of fact for the Court to decide and that in itself may be challenged; even whether it is a ‘public place’ or a ‘road’ may be open to a legal argument.
The penalties for any conviction are a minimum disqualification from driving for 12 months and can be up to 60 months, (that’s five years), if it is your second offence in ten years. This could also apply if it is your first conviction and your reading is very high.
Courts can also impose additional penalties of Community Orders and even custodial sentences depending on how high your reading is.
driving whilst unfit through drink or drugs
If there is evidence of impairment either because of drugs or a combination of drugs and alcohol, you may find yourself facing this charge.
drink
There may be other areas to challenge relating to any blood or urine samples both in relation to the procedure and the introduction of it into evidence against you.
drugs
The term ‘drugs’ doesn’t have to mean illegal substances, it can be something as simple as your own medication!
It can be any intoxicant other than alcohol that affects the self control of the human body resulting in impairment of your ability to drive properly. So even if you are taking prescribed medication, you could fall into this category.
However, this offence is often very difficult for the prosecution to prove and there are defences and ways of challenging the evidence.
failing to provide a sample for analysis
This can be refusal at the roadside in relation to a screening test or at the police station when a sample of breath, blood or urine has been requested.
It may even be at a hospital following an accident.
But what constitutes a ‘refusal’?
You may think that you haven’t refused but technically you have; Alternatively, you may think you have when in fact, you haven’t.
Failing to provide a sample for analysis is treated very seriously by the courts and carries a minimum disqualification period of 12 months. This can be up to 60 months, (that’s five years), if it’s your second offence in ten years.
Depending on how the Court views your refusal, it can also carry a custodial sentence.
There are ways in which evidence can be challenged; the correct procedures may not have been followed, there may be problems with analysis equipment or samples that haven’t been handled correctly, any of which may result in you being able to avoid or minimise any penalty.
So why not give us a call without any obligation to discuss your case.
drunk in charge of a motor vehicle
The 1988 Road Traffic Act makes it an offence to be drunk and ‘in charge’ of a mechanically propelled vehicle or a motor vehicle;
What is classed as ‘in charge’ is not defined within the Act and is very much a matter of fact and degree.
The prosecution authorities are not required to prove you were likely to drive whilst unfit or over the limit but it is a valid defence if you can show that there was no such likelihood.
There are two distinct classes of cases depending on whether you are the lawful owner or possessor of the vehicle or the recent driver; the court will also consider the question of your ‘control’ of the vehicle.
Once again, it is so important to contact us at an early stage to discuss the details of your individual case. We can advise you and ensure that you are represented at your court hearings or even if you haven’t been charged yet and have to go back to the police station.
Phone us now on
freephone 0800 141 2620
or 01829 770903
what have you got to lose?